NSW Conflict of Interest vs Personal Property Rights

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2017

Member
30 July 2017
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Hi,

Thanks in advance for any advice.

What are the limits to conflict of interest with your employer?

I am a resident of a block of units and my employer leases part of the common property. The employer has advised that I can not participate in the vote to extend the lease because i have a conflict of interest and as a employee I must always act in the best interest of the company.

What is the limit on the concept of conflict of interest? If i cannot participate in the vote to determine if my property is leased or not then the company could use this rationale to force any employee who owns a property that the company want to use to allow a sublease.

Cheers
2017

PS. Apologies for posting in this topic but it seemed the most relevant.
 

Tim W

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Are you a tenant or an owner?
What part of the common property does your employer lease?
 

2017

Member
30 July 2017
3
0
1
I am an owner.

The employer has a qn existing lease and they are negotiating a new lease to commence in Dec 2017. The lease 8s.for part of the rooftop.

Cheers
 

Rod

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I'd be writing to the body corp saying all votes are strictly confidential and must not be passed onto any other owners or tenants.

Not sure an employment contract can stop you participating in your body corporate vote. Did you give up any rights in your employment contract relating to your home?

Strictly speaking the body corporate matter is unlikely to be deemed an employment issue, but your employment contract is the go to document.
 

Tim W

Lawyer
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Going only by what you have said here,
missing facts missing and with all the
unstated ifs, buts, and maybes not allowed for,
I'm inclined to the view that your employer is mistaken.

Let's talk about what we are really talking about.
  • While not strictly necessary, it cannot be a bad thing
    for you to stand up in the owners corporation meeting,
    and, during discussion on the motion, declare your interest.
    If nothing else, it is a courtesy to your fellow lotholders.

  • As long as it's the truth, you may also choose to disclose to the meeting
    that your employer has (perhaps implicitly) threatened you with the sack
    if you don't vote to renew his lease.

  • I don't see how you are somehow automatically barred from voting.
    But if you do choose to abstain from the vote,
    then make sure that your abstention is is formally recorded
    in the minutes (this will matter later, when it will be evidence
    in your unfair dismissal matter against your employer).
 
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