Noise complaint at work. What are my rights?

[Disco Dan]

I work at a residential supported living facility and we have 8 houses next to each other down ROW's all next to each other... surrounded by privately owned houses. Our neighbours put up with a lot of traffic, cars coming and going as staff changeover and take clients out to appointments etc...

My manager approached me and told me that two of the neighbours have complained about the noise from my motorbike and asked me to park it on the other side of the facility further away from the neighbours. She asked me about the exhust and I explained it was a factory fitted system and conformed to all legal noise tests etc, (rated at 90 decibels) as well as assuring her that I barely take it above idle to leave to keep the noise to a minimum anyway (most shifts finish late at night or early in the morning).

I said that I would park my bike on the other side of the facility, however I was not happy about it as it is not visible from the 'staff house' and I could not keep an eye on it. Plus there was no carport there to keep it out of the elements.

Then the other day I noticed one of the neighbours that had made the complaint pull into their driveway with a newish Holden V8 thing that was clearly much louder than my bike at slow idle!! I was fuming and gave him a filthy look as he got out.

What are my rights around this? My employer has admitted to me that she cannot discriminate me for my choice of transport but rather a 'good faith' approach would help keep the relationship between the mental health facility and the neighbours healthy.

Should I be stobborn and inisist that I park next to the staff house at the risk of this getting out of hand with the neighbours? or just hold my tongue and buy an alarm/lock and/or bike cover?

[Albino]

Ask your employer if they in good faith will cover the cost for alarm, lock and insurance loses if it gets stolen or vandalised.

[EJK]

lol wtf?
The complainer drives a Holden and he is telling you to shut up your bike?
What kind of a nonesense is this! lol

Geez... I'm speechless lol

[avgas]

So long as the pipe conforms and you don't rev they cant do jack.
also go the the $2 shop, buy some pot scrubs, shove em in the v8's pipe, he will wonder why its gone quiet and will rev the shit out of the engine until he blows them outs....at which case you wont be the noisy one.

[Karma]

turn it off and either roll it or push it to where you'd normally park it.

[Disco Dan]

Ask your employer if they in good faith will cover the cost for alarm, lock and insurance loses if it gets stolen or vandalised.

I asked... she thought I was joking. When I did not laugh, she just said for me not to be difficult.


turn it off and either roll it or push it to where you'd normally park it.

the drive way is very long and steep.... and the bike is flipping heavy.

[MSTRS]

If your bike is legal, and you are not doing anything to 'deliberately' offend...then no-one has the right to make you change things. Tell them to go read up on the relevant laws etc...

[Karma]

phone up the noise police whenever he starts up the V8

get his rego plate and *555 him for speeding or something

[Coldrider]

I would hardly think a standard ZZR11 was noisy, I would watch a rerun of Easy Rider.

[Disco Dan]

If your bike is legal, and you are not doing anything to 'deliberately' offend...then no-one has the right to make you change things. Tell them to go read up on the relevant laws etc...

Yeah thats what I thought, but I am new there and dont want to 'rock the boat' so early on... im already their new health and safety officer and its costing them a fortune!

Im so tempted to be 'difficult'....

[Disco Dan]

I would hardly think a standard ZZR11 was noisy, I would watch a rerun of Easy Rider.

Yeah its not loud as such... just a really deep throbbing drone. My old suzi600 was louder!

[vifferman]

I think a first step should be to talk to your neighbours (politely). People's perspective often changes when you take the personal approach. Explain to them the bike is as quiet as you can make it, that you'll keep the warming up outside your flat to a minimum, and that it's a big problem parking it further away due to security and shelter considerations.

[Griff]

My manager approached me and told me that two of the neighbours have complained about the noise from my motorbike and asked me to park it on the other side of the facility further away from the neighbours.

Dan,
Reading between the lines, I think that the neighbours may have other issues and are using you as a scapegoat.

Have another chat with your employers and tell them that these neighbours have other issues and are just using this as an excuse. Ask your employers why are they not backing you up?

It sounds like this is someone else's baggage, so don't take it on board.

[Disco Dan]

I think a first step should be to talk to your neighbours (politely). People's perspective often changes when you take the personal approach. Explain to them the bike is as quiet as you can make it, that you'll keep the warming up outside your flat to a minimum, and that it's a big problem parking it further away due to security and shelter considerations.


Dan,
Reading between the lines, I think that the neighbours may have other issues and are using you as a scapegoat.

Have another chat with your employers and tell them that these neighbours have other issues and are just using this as an excuse. Ask your employers why are they not backing you up?

It sounds like this is someone else's baggage, so don't take it on board.

Hmm well all my managers will be there this afternoon when I arrive, so maybe I will go and have a chat to the neigbours and then my manager....

Still discrimination though if you ask me...

[Griff]

Still discrimination though if you ask me...


Nice quote to use on them (if you are comfortable with doing it)

[Big Dave]

How do you not be difficult in a mental health institution?

Disco - If I was on my noisy Thunderbird, I try and coast it in and idle it out. I wouldn't park it where I couldn't see it. But I'd try and find a work around.

If I was on my quiet Buell I'd tell them to get fucked. But then I'm not a 'career' guy IYKWIM. I've walked more than once.

[Coldrider]

Yes, follow viffermans approach, that breaks down the barriers.
My grandmother always thought than anyone who has a motorcycle was a bikie, and that's that, some (like me) where just well behaved ones.
I could never convince her otherwise.

[Disco Dan]

How do you not be difficult in a mental health institution?

Disco - If I was on my Thunderbird, I try and coast it in and idle it out. I wouldn't park it where I couldn't see it. But I'd try and find a work around.

If I was on my Buell I'd tell them to get fucked.

Half the staff are as batty as the clients I think sometimes... :shutup::innocent:


yeah, I hate it being out of sight. Tempted to turn up on a noisy hog... :innocent:

[vifferman]

Still discrimination though if you ask me...
More than likely it is. But perhaps when the neighbours find out that just because you ride a big scary bike, it doesn't mean you're a big scary person who's going to kill them in their sleep, they'll change their tune.

If that doesn't happen, point out that they should be grateful you're not riding vifferman's bike with the spud out of the Satantune. :shit:

[Disco Dan]

They apparently also complained a while back when a staff member used to drive in with a big bore exhust on her car.... doesnt change anything though. Sounds like they are just winging...

[Big Dave]

Half the staff are as batty as the clients I think sometimes... :shutup::innocent:


yeah, I hate it being out of sight. Tempted to turn up on a noisy hog... :innocent:

Mental health disorders are contagious in a rub-off-flow-on kind of way.
I trust your motorcycle provides you with suitable immunisation.

See edited qualifier about careers - shot term gain long term pain vice versa etc etc.

Sometimes you just park it elsewhere for a week and everybody forgets and you then scam it back in. (Bonneville. Perth WA 1978)

[Goblin]

My grandmother always thought than anyone who has a motorcycle was a bikie, and that's that, some (like me) where just well behaved ones.
I could never convince her otherwise.My Grandmother, and most of that and the next generation, still believe it! And that cops cant lie and priests cant molest, and that lawyers are honest. Sounds like this neighbor has the same old beliefs and is taking it out on you...you dirty biker you.:nono:

Good luck with it. Be interesting to see how this pans out.

[Big Dave]

should be grateful you're not riding vifferman's bike with the spud out of the Satantune. :shit:

I am - I am .

[MSTRS]

Im so tempted to be 'difficult'....

Who says you can't - you are, here....:gob:

[JimO]

tell them to get fucked they cant fire you for having noisy transport

[The Pastor]

yeah but not getting on with your boss can cost you a promotion and stuff like that.

[Coldrider]

Comes down to Career or Motorbikes.
What's it gunna B?
Seriously, you need to access the outcomes of both options, and act accordingly, but I'm a lifelong motorcyclist, so my decision would already be made. I'm a bad arse Kwaka rider, my grand mother was right afterall.

[NighthawkNZ]

cmake the same complaint about the V8 Holden to your boss, it distracts you and your clients have complained to you...

[Ocean1]

More than likely it is. But perhaps when the neighbours find out that just because you ride a big scary bike, it doesn't mean you're a big scary person who's going to kill them in their sleep, they'll change their tune.

No they won't, they're big scary people who eat motorcicle riders who disturb their beuty sleep in the wee small hours.

Seriously, it's quite likely a valid bitch but there's no reason you shouldn't explain your problem and ask them for suggestions. If you do manage to resolve it your boss will be impressed too.

[Griff]

BD is very right, I see a lot of mental health workers from time to time as part my profession, and they are all nuts or weirdos.

I think we should stand still and give a few minutes of silent reflective thought to Mental Health Workers.

It must be very difficult overseeing people who will hopefully receive "Certificates of Sanity", whilst these workers never physically get such a certificate themselves.

[Disco Dan]

haha, yeah I agree... it does 'rub off' onto the staff... we are social beings and learn from other behaviours through those we meet throughout our lives... im not nuts, just a little crazy :innocent: but heck you need to be in this line of work!

Im going to pull the "a client has moved my bike" card and say since I can see it I need to park it near the staff house...

[desmo dave]

I could recomend some if you like.They will love hearing arive at work.:yes:

[boomer]

LOL, your on to it Griff.. The guy works in a Nut House FFS!! They got issues alright.


I so wanna bling ya!

it's not rocket science... use ya brain ffs.. i think Dan told you the solution on post 5 or so..

[Pancakes]

IYKWIM
WTF??!!


Anyway, if your pipe is factory and your not revving it etc, chances are they knew there was shift-work next door before they moved in. People are right about pissing the boss off and pay/promotions but I'd dig my toes in anyway. If you had a big fat aftermarket or were on the piss pulling skids after work it would be different but you're doing what you can and the cost to yourself to have some setup (big hose and muffler box that work pays for??) is unreasonable. Theres things you (they) have to live with. If they want total quiet they'll have to spend up large for a 100 Ha place in the wops thats for sure!

(PS, you can get the possum that has been thowing stuff around in our roof each night and stick it in theirs if you want!! Hahahahahah)

[Big Dave]

WTF??!!




Get me a beer and I'll tell you noob.

[Pancakes]

Sure, I owe you one. Sheesh! I'm a curious little monkey, just tell me!

(Oh, I only fetch beer on borrowed Buells, just a personal policy).

[Steam]

If you yeild your rights on this, they'll be asking you to yeild your rights on something else pretty soon. "Do these extra hours, pussy" "no overtime for you, pushover."

Don't give an inch, just say something like
"Yes I'm sorry, I do understand the problem but I'm afraid I can't do that, motorcycles are just too vulnerable to be left in an area where they can be tampered with out of sight. "
"I understand the neighbour's concerns but there's really no alternative."

[Disco Dan]

If you yeild your rights on this, they'll be asking you to yeild your rights on something else pretty soon. "Do these extra hours, pussy" "no overtime for you, pushover."

Don't give an inch, just say something like
"Yes I'm sorry, I do understand the problem but I'm afraid I can't do that, motorcycles are just too vulnerable to be left in an area where they can be tampered with out of sight. "
"I understand the neighbour's concerns but there's really no alternative."

Yes your spot on there! I could get some quotes for alarms and covers etc etc and explain to her (my manager) that this extra expense would have to be met as well as not being practical. The neighbours are more than likely complaining simply because they are frustrated at all the cars coming and going all day and evening every single day... heck it would drive me nuts. Then I can even pull the "a client has moved my bike, its not safe there" etc etc

[pete376403]

Put a cheap alarm (unidens at supercheap, f'rinstance) as long as it has a remote, and the remote can be used as a panic alarm (ie you hold down a button on the remote for a few seconds and it sets the alarm off)

With the bike parked over the other side or whereever they want you to leave it, sometime in the small hours - use the remote to set the alarm off. After its woken everyone off, rush out and check the bike. Do this a few nights in a row. Tell management how insecure it is to leave the bike over there, someone must be tampering with it, best if it was left where you could see it, etc.

[Big Dave]

Sure, I owe you one. Sheesh! I'm a curious little monkey, just tell me!

(Oh, I only fetch beer on borrowed Buells, just a personal policy).

I'm not that mean - and I think I know what you mean - now do you know what I mean - IYKWIM.

[Disco Dan]

Well im at work and the neighbour in the noisy V8 spent a few minutes revving the snot out of his car before hooning up the driveway at full tit... :angry:

...time for some action I think :yes:

[jonbuoy]

Well im at work and the neighbour in the noisy V8 spent a few minutes revving the snot out of his car before hooning up the driveway at full tit... :angry:

...time for some action I think :yes:

Burnouts at dawn Sir Dan!!

[Pancakes]

That is some bullshit bro!

[Disco Dan]

One of my workmates who has my suzuki 600 came screaming down the driveway a few minutes ago.. set all the dogs in the neighbourhood off... mwuhahahaha!

[sunhuntin]

One of my workmates who has my suzuki 600 came screaming down the driveway a few minutes ago.. set all the dogs in the neighbourhood off... mwuhahahaha!

how much space is there outside? how bout you race your old scoot, dood? and then challenge mr v8 to race the winner up the street outside.

[peasea]

turn it off and either roll it or push it to where you'd normally park it.


Fuck that.

Rock up, no muffler, do donuts on his front porch/lawn/head then get a gun and shoot the fuck.

[JimO]

Fuck that.

Rock up, no muffler, do donuts on his front porch/lawn/head then get a gun and shoot the fuck.

that should solve the problem

[Timber020]

Ditch the bike, get a rotary with an exhaust the size of a culvert.

[Kittyhawk]

Take the muffler off then turn up. Then they will have somethign to complain about.

Dont back down. If they want you then management would support you.

[Zapf]

I think a first step should be to talk to your neighbours (politely). People's perspective often changes when you take the personal approach. Explain to them the bike is as quiet as you can make it, that you'll keep the warming up outside your flat to a minimum, and that it's a big problem parking it further away due to security and shelter considerations.

What I would suggest too. Show management you are not difficult. However you know your rights and will also listen to others. So try to defuse the situration 1st, and if it doesn't work then stand by your rights. With reference to there noisy car as well, since neighbors are discremating against you. And double standards.

[Max Preload]

Well im at work and the neighbour in the noisy V8 spent a few minutes revving the snot out of his car before hooning up the driveway at full tit... :angry:

...time for some action I think :yes:

How sure are you it was that neighbour though?

[popelli]

politely inform your boss that unless he wants to provide you with a company car then it is none of his business how you get to and from work or where you park etc

as for the neighbour either ignore them or suggest that they complain to the local council, police traffic department if the genuinely feel that you are breaking the law

don't back down, don't get into arguments and don't retaliate, carry on as if nothing has happened

[Disco Dan]

Update:

Had a long discussion with my manager yesterday afternoon. The outcome? Well im not holding my breath. When I mentioned the possibility that the organisation was liable if my bike was stolen/tampered/dropped etc, I was told that chances are, the CEO would just look at it as a risk and tell me im not allowed to park on site! ...meaning I would have to park on the road! The same road where 5 staff cars have been clipped, dented and stolen on! I got frustrated and told him the neigbour was a hypocritical bastard... explained that this was just getting silly and out of hand... and that I dont like pulling the "discrimination" card (which did not sit well with her). At the end of the day I was told it is the organisations choice where on site staff vehicles can park and that community relationships need to be maintaned. I placed the "alarm system" card on the table and said well you think a 95 decibel factory exhust system is loud at idle?? Well if im forced to park on the other side then I will have to buy an alarm system... oh and FYI the sirens on them are usually about 125 decibels...

This could get nasty by the looks.

Does anyone know if the organisation is actually liable insurance wise if my bike is damaged/stolen etc while on site? If so, then im going to be very unpopular.. as he will tell everysingle staff member to park their car on the dodgyiest road on the north shore....:gob::yes::yes:

So much for being a simple fix... :angry:

oh... im on the hunt for the LOUDEST alarm I can find. :yes:

[Nasty]

There is no simple fix, they are letting you park on site, and only if it is in your employment agreement do you have comeback. I understand where they are coming from with the keeping the community happy .. and with the services they provide it is essential ... I also understand the neighbour is being a prick but let the other neighbours complain about his noise level. All you can really do is buy an alarm and hope it doesn't go off continuosly and disturb your own clients.

[yod]

Update:

Had a long discussion with my manager yesterday afternoon. The outcome? Well im not holding my breath. When I mentioned the possibility that the organisation was liable if my bike was stolen/tampered/dropped etc, I was told that chances are, the CEO would just look at it as a risk and tell me im not allowed to park on site! ...meaning I would have to park on the road! The same road where 5 staff cars have been clipped, dented and stolen on! I got frustrated and told him the neigbour was a hypocritical bastard... explained that this was just getting silly and out of hand... and that I dont like pulling the "discrimination" card (which did not sit well with her). At the end of the day I was told it is the organisations choice where on site staff vehicles can park and that community relationships need to be maintaned. I placed the "alarm system" card on the table and said well you think a 95 decibel factory exhust system is loud at idle?? Well if im forced to park on the other side then I will have to buy an alarm system... oh and FYI the sirens on them are usually about 125 decibels...

This could get nasty by the looks.

Does anyone know if the organisation is actually liable insurance wise if my bike is damaged/stolen etc while on site? If so, then im going to be very unpopular.. as he will tell everysingle staff member to park their car on the dodgyiest road on the north shore....:gob::yes::yes:

So much for being a simple fix... :angry:

oh... im on the hunt for the LOUDEST alarm I can find. :yes:


sounds to me like you are getting the short end of the stick here mate, your boss sounds like they're more concerned with keeping neighbours happy rather than staff??....what a pain

suggestion - get an alarm, and hook it up to a stebel :rockon:

[surfer]

I think a first step should be to talk to your neighbours (politely). People's perspective often changes when you take the personal approach. Explain to them the bike is as quiet as you can make it, that you'll keep the warming up outside your flat to a minimum, and that it's a big problem parking it further away due to security and shelter considerations.

I'm with vifferman on this one, good advice.

Make a stand with your boss, be firm and polite, you don't have to be rude or aggressive. Say what you want. You are not being unreasonable.

I worked in the health sector in the UK where the biggest part of the business was mental health. A lot of neighbours around facilities like yours have a 'not in my back yard' approach to the facility being there in the first place. This is usually the root cause of most problems so anything to minimise the impact by being good neighbours to them is a good public relations activity. But how much is enough of being a good neighbour and how much is pandering to others whims?

Good luck.

[surfer]

Update:

Does anyone know if the organisation is actually liable insurance wise if my bike is damaged/stolen etc while on site? If so, then im going to be very unpopular.. as he will tell everysingle staff member to park their car on the dodgyiest road on the north shore....:gob::yes::yes:



Try any citizens advice bureau. They have a lawyer on call that you can talk to for free for a limited time and get advice on this situation. I have used them successfully in the past.

Failing this there are bound to be some solicitors and lawyers on this site. Perhaps they may help.

Good luck

[Griff]

Hi Dan, Sorry to hear it didn't go well.

Take an afternoon off and go riding....
Then Clean your exhaust whilst leaving the rest of the bike a bit dirty.

The next day, tell your Boss that you have listened to his predicament and in the spirit of goodwill you have bought and fitted an "Internal Muffler" (at your own expense), which reduces the noise level BELOW the acceptable output as specified within section 7.4 of the Land Transport (Road User) Rule.

Then just carry on as usual.

Fuck them, weak willed bastards! Don't make yourself a target, just be a bit sneakier than they are.

[Disco Dan]

suggestion - get an alarm, and hook it up to a stebel :rockon:

Going to now... but why the F*UCK should I?

Nothing in my contract about it, so going to check out the policies next time im there.

F*cking wankers. :angry:

[Swoop]

Yup. Get your copy of the employment agreement and read through all the clauses that say anything about your transportation to-from work... IF there are any.

[Max Preload]

I wouldn't work anywhere that I can't park a bike on-site. In fact where I work now a couple of times there's been nowhere to park (the car - there's always somewhere here to park the bike) so I've just turned around and gone fishing. But then, I'm contract.

[Dilligaf]

Going to now... but why the F*UCK should I?

Nothing in my contract about it, so going to check out the policies next time im there.

F*cking wankers. :angry:

Dan, sorry to tell you mate, in my experience of writing employment contracts, I would be particularly surprised if there was anything there that could help you. If it was a company vehicle, then there would be policies around it, but other than that, I'm afraid you are out of luck. An employer simply does not have to provide parking for their staff - let alone 'safe' car parking. No-one wants to take on that responsibility unless there are company vehicles involved.
The only thing that may get you somewhere is that your employer has to act 'in good faith' but look around at the bazillion companies who do not provide parking and tell me that you believe that you are going to get anywhere.... (Think about Westfield for example - staff are not even allowed to use any of the hundreds of car parks right there...)
Sorry - not what you want to hear...

[pritch]

I sympathise but, as has been said, employers that provide parking (for other than company vehicles) would have to be in the minority.

A bike is different, generally you can squeeze it in somewhere but the arrangement would normally be entirely at your own risk.

Try and be nice because they would almost certainly be within their rights to tell you to leave it on the street.

Next time your contract comes up for renewal you could try and add a clause re parking but you'd need some luck. I've heard of sillier things than that though. No, it wasn't a mental health facility either...

[Pancakes]

I feel for ya dood. Take heart that you are in the right and don't back down. When I got my present job they asked how I'd be getting to work. When I said I had a bike they got my pass (electronic tag thing) set to let me into the exec garage and had a little bike park painted just for me! Felt lovely to be treated like that especially since I worked for Telecom prior to that (don't get me started). What Vif' said, don't get all crazy just do what you do in a respectful manner and direct the neighbour to the manager and the manager to the neighbour. You just park safely (could make a story up that you were felt up in a dark alley once and are still scared to park far away, those english girls can be rough!) and do the job your paid to do. Good luck.

[mdooher]

What a bugger, true they can tell you to park on the street....but not if they let others park their bike/cars on the premises. Cos that would be discrimination.

This doesn't include say special considerations like the supervisor gets a park or something

[Cave Cleaner]

I also live up a driveway in a townhouse, and leave at 5am to go to work, but I push it down the driveway and start it on the road. That dosent seem to bother anyone....(I hope)

[rwh]

What a bugger, true they can tell you to park on the street....but not if they let others park their bike/cars on the premises. Cos that would be discrimination.

They could just set a noise limit. Even if it's only their own judgement. Then they're not discriminating against bikes, but against noisy vehicles, and I can't see you winning that one. The fact that it's not too noisy to get a WoF is irrelevant; it's their rules for their site.

Richard

[mdooher]

The fact that it's not too noisy to get a WoF is irrelevant; it's their rules for their site.

Richard

It sounds solid but it isn't that easy. For them to ban a particular vehicle because of the noise it made and not be laughed out of the employment court they would have prove that the noise was significantly louder than ALL other vehicles that are allowed (possibly including the garbage truck etc).

In addition they would need some sort of policy that everyone should have been aware of. Certainly if you were allowed to park on the premises and then the boss changed their mind your case would be strengthened ......

BUT In the end I doubt anyone would want this or any employment issue to go that far. :yes:This is why people should join unions. The union reps job is to point this sort of thing out to the boss offering a compromise while making it clear the union will not back down.

I must say I've had a few discussions with management over the years and you would be amazed how little they know about the law. They tend to bluff, tell you things like "My reading of the act is different" or "Our legal advice is different". Funny how they have never won a case in 10 years:gob:

Oh yeah...my CEO rides a Harley to work so we don't have this problem:scooter::scooter::scooter:

[Coldrider]

We have a covered lock up for pushbikes, access by personalised swipecard, motorcycles are now tolerated in there, as it is under utilised by pushbikes.
Yeah.....:woohoo:
On a negative note, some scumbag :devil2: motorcyclist got a puncture on site, annoyed the the bossman to pay for it, hence the bossman has zero tolerance for motorcyclist.:weep:
But he shouts a beer occassionaly...