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Home / New Zealand

Real estate agent fined for argy-bargy over commission

NZME.
7 Feb, 2015 04:00 PM3 mins to read

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McGowan pushed Thomas against a door frame then closed the door on her. Photo / Thinkstock

McGowan pushed Thomas against a door frame then closed the door on her. Photo / Thinkstock

A real estate agent has been found guilty of disgraceful misconduct after shoving a female colleague against a door frame in a row over a commission.

But his victim - a former police officer - is upset the man did not lose his licence.

Paul McGowan lost his temper with fellow Waimakariri Realty colleague Nadine Thomas during an argument on March 1, 2013, the Real Estate Agent Disciplinary Tribunal found.

In its decision released on Friday, it says McGowan pushed Thomas against a door frame then closed the door on her, causing bruising to her knees, elbows and ribs. He was later arrested by police and given a pre-charge warning for assault.

Thomas, a former police officer, told the Herald on Sunday that she had not received an apology from McGowan, or any of the commission owed. The amount was disputed, but was between $1,700 and $6,800.

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"He should have lost his licence ... I wonder if the result would have been the same if I was a member of the public," she said.

"I subsequently left in August that year. I didn't realise how it affected me until the day of the case. I just couldn't believe [it]. I felt so angry."

Thomas, 51, told the tribunal she confronted McGowan for the third time "for him to honour his word" over the commission.

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Her background included a long service with both the defence force and police and she was described by tribunal members as "possibly a little formidable".

She claimed McGowan told her to "f*** off" and said she was being greedy.

He then lunged at her from his seat with his right arm raised, causing her to fear he was going to punch her, she said.

Instead, he must have thought better of it and he grabbed her shoulders, pushing her up against the door frame, she said.

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Thomas admitted calling him a liar during the altercation and returning to his office five minutes later to sweep the contents of his desk to the floor.

In a written statement, McGowan told the tribunal he was a person of good character who had owned businesses for the past 30 years and achieved significant success as a property developer.

"Although the exchange between us became heated, it was certainly not one-sided," he wrote.

"She used very strong language when she did not get her way.

"Also, she deliberately and provocatively swept everything, including the papers and calculator, off my desk before I then rose to my feet and asked her to leave the office.

"I do not recall physically pushing or manhandling her, but I cannot say that it did not happen."

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He was immediately dismissed.

Thomas has since relocated to Marlborough and still works as a real estate agent.

McGowan, who was also fined $2,000 and ordered to make a "significant contribution" towards costs, declined to comment.

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