CHRIS THOMSON
A rapid-fire email exchange between the publisher of a glossy housing magazine, and a saleswoman he was soon to unfairly sack, gives insight into the staffing practices of a struggling business.
In a decision published last week, WA Industrial Relations commissioner Jennifer Harrison ordered the family trust of Scott Turner – trading as VIP Publishers and AdConnect Local Marketing – pay Emma Criniti $8528.18 compensation for commissions she had earned but which he had refused to pay.
Mr Turner was the proprietor of Floreat-based WA Custom Homes, an annual glossy that pitches advertising space mainly to builders and materials suppliers.
Ms Criniti had sold advertisements for the magazine between February 23, 2009 and December 21, 2010 when she was fired.
Her clients included luxury home builder Zorzi, furniture retailer Artique, Lighting City, Ceramic City, Austral Bricks, Brikmakers, and the Bra Bar.
The WA Custom Homes website also runs ads for organisations including Riverstone Homes, Midland Brick, Bristile Roofing and Gomboc Gallery.
An email exchange published in Ms Harrison’s decision shows Ms Criniti feared she would “be living on two minute noodles” when Mr Turner first told her she would not be paid.
He in turn claimed he was “broke” thanks to poor sales. He contended his house was on the line and he could not buy Christmas presents for his three children.
“Im not not paying, I got no frickin money to pay,” he emailed Ms Criniti.
He claimed he owed $30,000 in tax and that the Australian Taxation Office was suing him.
Also on Mr Turner’s creditors’ list were his writers ($20,000), printers ($20,000) and various shops ($25,000).
Mr Turner further claimed he was having industrial problems with a graphic designer.
He decried some of his writers as “prima donna” contributors who wanted “thousands” of dollars for “crap writing”.
“I’m tired of being abused every week by a different asshole somewhere too, I have flogged myself and have had enough,” he emailed.
Ms Criniti said the situation would also mean a lean Christmas for her.
“I also have a mortgage and car payments to make and also can’t buy anyone any friggin xmas presents now,” she wrote.
“How dare you lead me on and not have the guts to end my employment and pay up what you owe and just keep using me.”
After considering the lengthy email exchange that follows, Ms Harrison found Ms Criniti had been unfairly dismissed:
On 20/12/2010, at 11:58 AM, Emma Criniti wrote: Hey Scott,
I was hoping you would of called me this morning as I do need to go through some things with you as I am a little confused about what is happening and upset that you have not returned my calls since last Wednesday, there were a number of things I needed to talk to you about.
Firstly – Did you put up the Arena Poster as I didn’t get a pic to send to client?
Secondly – Murray did tell me that the Bra Bar posters were all printed so not sure why that Fandance one is not there
Thirdly – I have 2 sales this week for WA Custom Homes, which are probably Artique and Brikmakers, both are getting back to me with confirmations to book them in, I am very confused as to what I should do with these now as don’t want to turn away a sale and I should not have to feel bad about making a sale as that is what my job is.
Fourthly – I had an appt with M & B Sales on Thursday and they want to be a supplier on the builder directory I quoted them $750 plus gst for the year with only a landing page and she emailed me back to say they want to go ahead, so shall I sign up and when would they be up and running, in January?
Fifthly – Some clarification is needed before I continue working as I can’t make out from what you have been emailing me if I still am employed and still being paid base wage only and you will pay me the commissions due when you have some more money or if you are totally broke and expecting me to work for free until you have some money to pay back what I am owed. You haven’t given me any clue apart from alarming me that it sounds like I will be living on 2 minute noodles for xmas and probably all of January, should I be looking for another job, I hope not?
Anyway I hope to hear from you shortly so we get everything sorted out and can make a plan for the future and hopefully get things back on track to get money back in for both of us, cheers.
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From: Sent: To: Subject: Importance:
Hi Emma
Scott Turner [email address] Monday, 20 December 2010 12:58 PM Emma Criniti Re: Updates High
Dont sell anything as I am broke and I cant pay you so just cancel them. I dont want to run up a tab.
Will see what I can do after New Year.
Thanks, Scott
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From: Sent: To: Subject:
Scott Turner [email address] Monday, 20 December 2010 1:09 PM Emma Criniti Re: Updates
Importance: High
It should be right but I will have to do Custom Homes as I wont have $30,000 to pay your commissions. The bank is close to taking my house as I can never meet my mortgage payments, so I cant run up any commission bills.
I need to get the signs back up so its profitable as its been neglected – we havent sold anything really and I lose a lot more than I gain, and my leases havent changed, they are still $25,000 a month.
I also need a holiday – so I wont get back to you till after New Year. I havent had a break all year and have done 60 hour weeks to end up broke, so I need a week off – Im wasting my time here unfortunatley, I need to get paid I got 3 kids.
Scott
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On 20/12/2010, at 2:03 PM, Emma Criniti wrote:
I wish you would just call me much easier than emailing back and forth, not nice for you at all, so sorry, but I also have commitments too and you still haven’t answered my question properly about pay, is it just commissions you are not paying me now or any pay that I am owed.
I am owed a fortnightly pay this week for the last two weeks work plus I am owed holiday pay up until the 11th January, you surely can’t expect me to wait another 2 weeks to even speak to you and not know if I have a job or any pay coming or what?
I am happy to stay on if you can pay me weekly base and will wait for commissions but let me know what the go is at least here, not sure if I have job or not?
I have done nothing but the best for your company and always worked hard, so to be ignored and not even given a straight answer and left in the lurch moneywise a week before xmas is not a nice feeling and to put me in this turmoil with no warning I feel very hurt, I thought we had a better relationship and I would help you all I can.
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From: Sent: To: Subject: Re: Updates
Scott Turner [email address] Monday, 20 December 2010 4:20 PM Emma Criniti
Im not not paying, I got no frickin money to pay. I cant even buy my kids christmas presents
Its not by choice – maybe that asshole [name withheld by oneperth.com.au] could have worked more than 25 hours a week, so I didnt have to use a web designer or a second graphic designer. Im screwed, sorry but I have no money.
Im getting sued everywhere now I wont have a dime till mid January and most of that is gone on bills due last month.
I might be able to get you a couple of weeks pay in maybe 2 weeks, it really depends on if people pay me, I only have $1,000 in the account.
The system doesnt work, I havent even got last years income in from Custom Homes and Im paying out on next years commissions now that I dont see money from for another 12 months. I dont have any money at all, Im trying to jkeep my bloody house.
Scott
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From: Emma Criniti [email address]
Sent: Monday, 20 December 2010 5:39 PM To: ‘Scott Turner’ Subject: RE: Updates
Ok so you think it is fine to just go away, not call me and leave me with no pay at xmas and not even tell me this after 2 years of hard work when I am the one making you all the money and it gets wasted on starting up millions of new things and paying stupid staff who don’t do their jobs, that is not my fault.
I asked you the other week about money and you said all is fine you have lots coming at the end of the year. You are the one who said clients don’t have to pay until the directory and Perth VIP are launched, why did you do that. I have offered many times to follow up outstanding debts for you and you say no. Right now I could be calling trying to collect money in for you. You also have all the new bookings I have just done that you can invoice for deposits right now that will pay, if you are that much in debt as you say you are why are you away, you should be chasing up what is owed!!! You could have plenty of cash coming in at the moment and even the new sales I did apart from 2 are all paying deposits pretty much straight away, then another payment in June then September, so you have money staggered through out the year from Custom Homes not just in 12 months time, only a few that pay on publication, rest make payments during the year before print. It is also not my fault that the outstanding $25,000 has not been collected, that is not my role but I do offer.
I am very angry now that you could treat me like this and not even say Merry Xmas to me, thanks for all your work this year and just go away for two weeks and know that I would have no money, that is really awful of you to do, I do not deserve to be treated like this, you haven’t even sent me an apology. If you had of told me earlier we could of worked something out but to just throw me aside and not tell me I won’t be paid this week or even for a few weeks is really bad after all I have done for you and the sales I make. Why send me out to keep selling if you knew you couldn’t pay me, we also have an employment agreement and if I don’t get any money in the new year for the 2 weeks work I have done, the holiday pay I am owed and the commissions I am owed to date then I will contact the Fair Work Ombudsman reluctantly to resolve this.
I also have a mortgage and car payments to make and also can’t buy anyone any friggin xmas presents now, how dare you lead me on and not have the guts to end my employment and pay up what you owe and just keep using me, that is grossly unfair and I had no choice in the matter. I was even considering to talk to you about buying Custom Homes off you after your email the other day, I have all the clients details and am sure they wont mind getting a call from me to tell them I got screwed over by you at xmas and you ran off and didn’t pay me my pay, my holiday pay, my commissions, I am sure they will be impressed to hear that.
My job is not to do the accounts, my job was to make sales which I did, I can’t help if you don’t follow up on the invoices, you have money there now to collect, go get it, you say you are getting sued everywhere and won’t have any money till mid Jan and most is gone on bills due last month, well guess what I am also an important bill that is due. I can’t believe you expect an employee to wait over 6 weeks for outstanding monies, such poor form. Almost all the Custom homes sales I did will pay you a deposit now which will more than cover my pay/commissions due and also there was other sales in that last batch that were for Adconnect and Directorys that can be invoiced straight away. The last thing I want is for this to turn nasty or be bickering with you but I am sure when I get calls from clients in the new year you won’t want me telling them about this and why I am no longer working there, you have not done the right thing by me at all.
I have so loved working for you and am so sad it has come to you doing this to me, I know it is not by choice but you have not handled yourself well in regards to me and the running of the business, it is only cos I am emailing you that you have now admitted you can’t pay me otherwise I would still not know and really I am so so flabbergasted that a few days before xmas you would run off and not pay me a dime, very very hurtful. You say you got hurt by what people did to you this year, well you just did the same back to me.
Have a great xmas, may 2011 be all you wish for and more, I hope your problems get resolved and that your family is ok and it won’t come to losing your house. I have enjoyed every minute of working for you and am gutted with this situation and my treatment, I hope you will contact me in the new year to resolve what is owed and that you will give me a written testimonial as I will need that for job interviews. By the way you haven’t even asked about my doctors results, like you probably care anyway, but I do probably have to go have an operation in the new year, so I will need my pay to help towards hospital costs.
I am sorry to talk so bluntly but hope you can understand how mad, hurt, frustrated and upset I am at the moment, feeling very used and abused, thanks for everything and wow what a great xmas.
Hope we can work this out amicably and soon, I am not up for a fight with you, I want us to remain on good terms with each other and just be paid for what I am rightfully owed and get on with my life. This is all just so very sad.
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On 20/12/2010, at 7:05 PM, Emma Criniti wrote:
I have just gone through all the bookings I am due the commissions on and you have about $20,000 in deposits that are payable to you right now, that you can or may have invoiced for, so that is more than what you owe me in pay and commissions and you do not have to wait 12 months for these payments. Most will also make other payments to you during the year before WA Custom Homes even goes to print if you look at the payment terms that are written on their bookings.
This is not my fault if they have not been invoiced or followed up for their payments and I would have been more than happy to do that for you if you had of asked.
I still can’t believe this is happening, you have such great businesses in Custom Homes and Adconnect, how did it get to this, you have a lot of money due to you and owing, most of these people will happily pay now if you ask them. You can invoice Zorzi, Di Bucci, Lighting City, Ceramic City, Instyle, just to name a few, some are even paying half to you now!!
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From: Sent: To: Subject: Re: WA Custom Homes
Scott Turner [email address] Monday, 20 December 2010 9:06 PM Emma Criniti
yes I understand that – I have been ripped off for 12 months by various people, no one has ever worked a 40 hour week for me, and I have had to pick up the slack and have done 60 hour weeks. All the prima donna contributors want thousands for crap writing also
I cant pay any commissions and I cant afford 15% on rebookings which just take an email – $1000 a shot for a builder or supplier is too expensive
None of those people have paid the deposit – they have all been billed immediately – they always take weeks to pay
These are small businesses, Custom Homes makes only $200,000 and adconnect less than that
Remember I have also paid $1.3 million dollars for all of this – the Ooh media posters take me 3 days every 2 weeks, and the Ooh media sub lease I had to spend $500,000 on signs to get that job
So far I have not been returned $1 on Ooh media or Custom Homes, when you take the purchase costs into account – which is $1.6 million all up
I can probably keep you if youre willing to work for 3 months on wages only, but otherwise I cant afford it, I cant rack up $30,000 in commissions, I owe the tax man $30,000 and he is suing me, the printers $20,000 and contributors $20,000, and the shops $25,000 on January 1, plus the $10,000 I owe from December 1 gone.
Its just not working I probably have to sell it all to get paid myself
I really have to close for 3 months and do it all myself, cant see any other way out – that or sell everything
Im tired of being abused every week by a different asshole somewhere too, I have flogged myself and have had enough
Scott
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From: Scott Turner [email address] Sent: Monday, 20 December 2010 9:10 PM To: Emma Criniti Subject: Re: WA Custom Homes
Im off till after next week – come into the office after that if you want and we can go through it – its salvageable but I have to be honest I cant afford the same rates next year of $105, 000 – I have to get paid its not an option I dont anymore.
Its also possible everything will be sold, whatever gets me paid basically – I dont really care where the cheques come from
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From: Scott Turner [email address] Sent: Monday, 20 December 2010 9:11 PM To: Emma Criniti Subject: Re: WA Custom Homes
Adconnect is not a good business – the dog swamp signs for example and Harbour Town – Im losing $15,000 a year at those 2 locations as we cant sell any signs – the leases dont go away if the signs arent sold
Plus the signs cost me $30,000 – so its a hard business it needs to be sold all the time
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From: Scott Turner [email address] Sent: Monday, 20 December 2010 9:23 PM To: Emma Criniti Subject: Re: WA Custom Homes
and whos going to call them – some asswipe that wants $60,000 a year to sit in here and complain about how they are getting ripped off – Murrays wife was going to start and she whined about no microwave before she even got here – Its 9.30 at night and I just finished some posters – I could do it now I guess and work 65 hours a week!!!
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On 20/12/2010, at 10:46 PM, Emma Criniti wrote: Scott,
As a small business, most owners would follow up the outstanding accounts themselves, or get their wives to do it or you could of asked me to do it and priortise over doing other things,
especially if you are having troubles like you say you are and that there is money there to go get, I would be doing my all to get it in if I was in your shoes.
You also can’t change your employment agreements without consulting your employee first, you asked me to resell Custom Homes, you knew I was selling it, you knew how much I had sold and you never once attempted to renegotiate my agreement prior to me starting to resell it or put anything in writing at anytime to say I won’t be getting 15%, so you can’t change the goalposts whenever it suits you or without advising me of the new terms you want to bring in, I have had no choice in the matter. My agreement also says I will be paid fortnightly my commissions!!!
It is so wrong to just not pay someone the wages/commissions they are owed and to not tell them this until they had to keep emailing you for any answers, let alone to do it to them just before xmas and their annual leave, horrifying. It is also not my problem what you paid for the business, what they owe you, what they make, how you manage them, how you manage other staff, that has nothing to do with me. You employed me under our agreement, if you now can’t afford me then tell me to see what we can figure out or finish me up properly with the money you owe me or a payment plan. Don’t think you can just not pay me and I will hang around and keep working and not even discuss it with me properly.
If you had of discussed these things with me prior I am sure we could of come to some happy arrangement, however I feel you have totally worked me over and not had a thought about how this has affected me, with no apology forthcoming at all.
I am sorry to say this but I now feel I have no choice but to take this through the proper channels to be paid what I am rightfully owed.
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From: Sent: To:
Scott Turner [email address] Tuesday, 21 December 2010 8:27 AM
Emma Criniti Subject: Re: WA Custom Homes
ok thanks we will call it quits as of today
Scott _
