QLD Parking Rules at Shopping Centre for Employees?

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Laurie Dwyer

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1 November 2017
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Can centre management at a shopping centre enforce staff to park in a general area unsigned with a threat of discussions and loss of employment if you park in another area?
 

Clancy

Well-Known Member
6 April 2016
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Not unless you are directly employed by centre management. They can of course ask your employer to tell you where to park, and if your employer tells you where to park, then you would be wise to obey. If your employer says park anywhere you like, then park anywhere you like (as long as it is a legal parking spot) and ignore centre management.
 

Rob Legat - SBPL

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16 February 2017
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It's unlikely the car parking area forms part of the leased premises. Therefore, the Centre Management can make rules about the use of their 'common' areas, and how they can be used. If they refuse you permission to park in a particular area which is part of their property, then you can't park there.

They cannot, however, threaten your employment. They don't have that power. The power they do have, however, if the lease is appropriately worded, is to issue a notice of breach of the lease to your employer - who will likely take action against you pretty quickly for fear of incurring costs or being kicked out of the lease
 

Laurie Dwyer

Member
1 November 2017
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It's unlikely the car parking area forms part of the leased premises. Therefore, the Centre Management can make rules about the use of their 'common' areas, and how they can be used. If they refuse you permission to park in a particular area which is part of their property, then you can't park there.

They cannot, however, threaten your employment. They don't have that power. The power they do have, however, if the lease is appropriately worded, is to issue a notice of breach of the lease to your employer - who will likely take action against you pretty quickly for fear of incurring costs or being kicked out of the lease
They want us to park way down the back which is in the dark and unsafe at night and don’t want us to park underneath. They have told our manager this so he has said if we don’t there will be consequences
 

Rob Legat - SBPL

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Then bring it to your employer's notice that this may constitute an occupational health and safety issue. They are potentially liable if you are injured on your way to and from work, particularly if you are required to park in a certain area and that area is unsafe.
 

Rod

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And do it in writing (email).