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NSW Landlord Lease Agreements - Smoking Outside Premises?

Discussion in 'Property Law Forum' started by Jeffro, 18 September 2016.

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  1. Jeffro

    Jeffro Member

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    I work in a large complex & have been told by people from other companies I can't smoke anywhere on the premises even though I am more then 4 metres from a building entrance & outside. One person who told me actually stood next to me in a threatening manner as I was about to light my cigarette & told me I better not light that in front of him.

    I have spoken to NSW health & they told me I am within my rights to smoke where I am according to their legislation but they said landlords can stipulate in lease agreements outside of the NSW health guidelines but could not tell me if this was legal or not. I smoke away from other people & feel like this is a form of bullying.

    Any help on this would be greatly appreciated.

    Thank you.
     
  2. Rod

    Rod Well-Known Member

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    Landlords can make 'no smoking' a condition of their leases. It means they are then entitled to cancel your company's lease if company employees break the lease conditions. Your company may also have a company policy stating not to smoke on the landlord's premises. If your company has this policy and you wilfully disobey the policy you can sacked.

    How likely is the above? Unknown, not sufficient information to know.

    Is it harassment or bullying? May not be if it is against the rules. If smoking is not against rules/lease/policy, then it may be harassment or threatening behaviour if one person/company keeps hounding you.
     
    Jeffro likes this.
  3. Jeffro

    Jeffro Member

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    Thanks Rod...helpful info. I will try to find out exactly what is mentioned in the lease.
     
  4. Tim W

    Tim W Lawyer

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    I'll call it.
    1. You are not being systematically bullied or harassed.
    2. You have a WHS obligation to your fellow workers not to expose them to toxic smoke.
    3. Smoking is a filthy habit and really, really bad for you, so you should quit.
     

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