A dangerous profession

[geoffw]

I've been told today of a very bad situation for a real estate agent.

The agent (a colleague of a very close associate - call him A) was assaulted badly last week, and ended up in hospital unconscious.

I thought all the usual things, but I was wrong.

A had been showing clients a unit in a block. He had left the front gate locked. (I'm not sure what arrangements were in place).

The agent's boss (B) apparently was showing other clients the same unit. But A had left the front gate locked.

B became very angry- and started shouting, abusing, and banging the gate (with the clients in tow!)

When A came down, he let B into the premises. B was so angry about the delay, he began hitting- and eventually kicking- A. A was taken to hospital unconscious. With both sets of clients present.

B has had such incidents in the past.

When A suggested charges be laid, police merely suggested B be put on an anger management plan.

Regardless of the likelihood of charges, A now fears for his job. It is a fiecely competitive agency (as I guess most agencies are).

The company have actually suggested that A was at fault by opening the gate to an obviously angry B.

I'm not seeking any response to this. It will not get back to the victim or the company. And I guess it could have happened in other professions to the same extent.

But I get upset at injustices. And I hope that by letting people know about one injustice, someone may be at least a little more aware to an injustice they can help to avoid.

 

[DaleGG]

Hi Geoff

I feel for your friend, but, was intrigued by your comment that he now feared for his job . . . surely after such an incident he would not want tocontinue to work for someone like this???????????

I imagine the company should be quite agreeable to him quietly leaving with all good wishes publicly and with all monies owing to him. The alternative for the company is a very nasty public relations issue that could cost the company their business, a possible unfair dismissal case and all the other nasty implications.

It has been a very long time since I was involved in auditing a real estate agent, but, I have a vague recollection that if they have a criminal record they are not allowed to act as a licencee and this could have serious ramifications.

Like you, I do not like injustices. However, I would prefer to see your friend stand up for himself and take on this person regardless of the consequences to his employment.

If there is anything that I can do, just say so. . .

Dale

 

[asy]

Originally posted by DaleGG

It has been a very long time since I was involved in auditing a real estate agent, but, I have a vague recollection that if they have a criminal record they are not allowed to act as a licencee and this could have serious ramifications.

You are right, Dale, Every year we have to sign a stat dec to say that we have not been naughty....

This includes any action relating to finances, such as bankruptcy proceedings, and any action relating to legal action, such as having been charged with an offence.

Yep, that's right, even having been CHARGED is enough to have the relevant licencing board look twice. Of course you would have to be proven guilty to have your licence removed, but just being charged IS enough to be 'monitored'.

Maybe we should be getting danger money to do this job... hehe

Seriously though, If this guy doesn't do something about this boss, he will think he has gotten away with it, next time it happens the recipient of his anger may not walk away...

Especially since you said this kind of thing has happened before...

I wouldn't want to still work for the guy, but I would like to make sure he never does it again.

ALthough, on a further read of your initial post, it seems B doesn't own the agency.

B must be the sales manager??

If the Owner won't do anything, they are fools. How can they condone having such a person working for them. Other than the fact that it is unconscionable, they are running the risk of him beating the cr*p out of a CLIENT!!! I can pretty much guarantee that the client will sue, and sue them for vicarious liability, since the owner was aware of B's little problem. They will end up losing the agency, their licenses, and possibly more!

Please let us know what happens with this case, Geoff, and if you are able to tell us which agency it was we will all steer clear of them.

asy

 

[Iggy_Type_R]

Umm... I am no lawyer but isnt that ASSAULT and BATTERY - a CRIMINAL offence that should go onto the criminal record, his license should be revoked.

He can also sue for damages I am sure, like mental stress and time away from work thru commissions. Tell person A to get a good lawyer!!!

 

[Kevmeister]

No job is worth getting ones brains smashed in (even though many professions such as police and security carry this risk).

Your friend should take legal action against B.

 

[john doe]

Definately sounds like an assault to me. I'd be asking at least for medical costs from this guy or the employer

 

[natmarie73]

Not only is this assault where criminal charges should be laid but A could also make a complaint relating to Workplace Health and Safety as he was at work when the assault happened and he should be claiming on Compensation until a court grants him damages payout.

If I were A, I would be making sure B either paid out good or went to jail. Preferably both. It is definately NOT A's fault for opening the gate and the owner of the real estate company is liable as well as B as stated in Workplace Health and Safety legislation. Time to find a good lawyer.

Nat.

 

[geoffw]

I have heard no more about the case.

The agent's name is still attached to ads for the agency. So I assume he still has a job.

And, even more amazingly, he still wants to work there.

It's good to know Asy, that he can be monitored even if he's charged. I'll try to get that passed on.

But I won't name the agency. I've seen threatened lawsuits in the old forum for less.

 

[Robert]

Originally posted by natmarie73
Not only is this assault where criminal charges should be laid but A could also make a complaint relating to Workplace Health and Safety as he was at work when the assault happened and he should be claiming on Compensation until a court grants him damages payout.

If I were A, I would be making sure B either paid out good or went to jail. Preferably both. It is definately NOT A's fault for opening the gate and the owner of the real estate company is liable as well as B as stated in Workplace Health and Safety legislation. Time to find a good lawyer.

Nat.

I would be going along Nats' direction.

The Employer would also liable in this instance for the "intimidation and abuse" amoungst other things that person A received by person B. A sit down with a competent lawyer and a letter sent out from this Lawyers office to the agency involved should be enough to get something decent occuring.

Especially if the letter from the solicitor stated things like the Employer is also at fault and can face criminal charges - watch the principle crumble when he realises that criminal charges against himself for this action would put him out of business as he'd loose his licence. Especially if person A proves that the principle knew about person B's previous assaults.

Geoff I'd strongly suggest your friend to seek legal advise from this point onwards, plus keep a daily diary of everything that occurs in the office with regards to this issue. It would be very beneficial to him to do so.

Anyway, I do hope that all turns out well for your friend Geoff.

Cheers
Robert

 

[silverghost]

Talking about lawsuits, anybody know whatever happened to our 'PropertyInvestigator' friend of several months ago?

 

[geoffw]

Latest update.

A is still at work at the same place.

B has been transferred elsewhere and has been demoted.

A is still pressing charges despite pressure from company not to do so. But at least he has his job and does not have to face B on a daily basis.

Slow justice?

 

[investor]

Geeez

That's a first

I too have staff and maintaining calm and discipline even when your boiling inside especially in front of clients is mandatory in a business that deals with people on a daily basis.

B should consider a long holiday and a career change.


Regards

 

[asy]

Originally posted by geoffw
Latest update.

A is still at work at the same place.

B has been transferred elsewhere and has been demoted.

A is still pressing charges despite pressure from company not to do so. But at least he has his job and does not have to face B on a daily basis.

Slow justice?

FANTASTIC!!!

Thanks for letting us know...

asy

 

[geoffw]

Not much progress- but a little.

I've just spoken to A's wife directly for the first time.

Court time is scheduled.

They are finding it a stressful time, but two previous incidents have helped them to continue. They're still not sure if it is the right thing to do. I've encouraged them- but, after 12 years at the same company, it might put them in a difficult situation.

B was apparently not demoted- he is a manager of another branch. But A and B seldom come into contact again.

Another interesting- and perhaps relevant- fact. B is 6 foot, and weighs perhaps 150 kg. And seems used to throwing that weight around!

 

[geoffw]

This matter is still progressing.

The police are pushing for them to continue to press charges.

The company are "allowing" the matter to proceed- but are threatening that if their name is ever mentioned in any public record, they will sack him and sue him. (Sacking will lose him about $50K in pending commissions).

It's obviously very stressful for them, and they are wondering if it's really of any use. The worst the other guy could get is community service.

 

[asy]

Hiya Geoffw,

Thanks heaps for the update.

The only comment I have is that the company would still have to pay him for any outstanding commissions.

The general rule is that anything that is unconditional is paid even after you leave. I think if he was sacked under these circumstances he would have a case against the employer, never mind the unfair dismissal ramifications.

keep letting us know how it's going...

asy

 

[beech]

hi Geoff,its certainly starting to sound like a lose/lose situation.

after re-reading this thread its just an amazing story.

B is just supposed to get bashed,organise a lift home from hospital,go back to work,smile at all the bosses,collect his commisions and then limp home not upsetting anyone else along the way.

no wonder these thugs continue to bash people.

 

[Kevin Hockey]

Originally posted by geoffw
This matter is still progressing.

The company are "allowing" the matter to proceed- but are threatening that if their name is ever mentioned in any public record, they will sack him and sue him. (Sacking will lose him about $50K in pending commissions).

It's obviously very stressful for them, and they are wondering if it's really of any use. The worst the other guy could get is community service.

Does he not have any form of Union representative. In Qld all salespeople are registered with PSAQ. There is no way he should lose any of his pending commission. If he has sold the properties he should be paid at settlement regardless of his employment status.

I would like to suggest you tell him it is worth it. Agent B should be removed from this industry. It is a disgrace the employer hasn't done it, this guy needs a career change (and probably lots of other changes too, like personality). He can't let this guy off, for his own self worth. If he doesn't what will happen the next time they do meet, agent B will be so smug. Agent B reminds me of someone I am locking horns with at the moment.

Kev

www.nundahrealestate.com.au

 

[Savanna100]

two quick comments:

1. The Real Estate agency is dreaming if they think that they can get away with threatening A after what has happened. they have a non-delegable duty of care to A to provide a safe workplaceand must be taken to court to enforce this if necessary. It is my understanding that the Manager of the Agency is personally liable for the provision of a safe workplace for employees.

2. Yes, B needs a holiday....preferably in Long Bay Gaol.


I live in Canberra, where I presume this Agency is located....I'd love to know who they are as I would avoid them like the plague !!!!.

*Actually, it probably doesn't matter who they are as we are about to cut ourselves adrift from agents and manage our two ACT properties ourselves,(we've done this before) thereby saving ourselves considerable money !

 

[jfchan]

It seems like the RE agency is definitely liable. Threatening A will only compound their guilt, ie adding to stress of A. The Commonwealth Health and Safety Law requires employers to take ALL reasonable and practicable steps to ensure the safety and health of staff. By not managing B or training staff how to behave, the agency has endangered A. There are many no-win-no-fee law firms in Canberra who are only to happy to represent A, if he loses his job.