URGENT Advice req re smoking at work.

**cowboyz** · 16th March 2009, 16:10

I work outside.

My workplace have decided I am not allowed to smoke during working hours.

It is a public golf course so others can smoke around me during working hours its just I am not allowed to because I am being paid to be there so the area is not smokefree, just me. (being as I am the only empolyee who smokes it only effects me but technically, none of the employees are allowed to smoke in the workplace)

If I am standing in the middle of the 10th tee at 12.25pm I am not allowed to smoke. If I wait 5 mins till 12.30pm I am allowed to smoke.

Is this legal? A way out before tomorrows working day would be mint.

Please???????????? Fucking long day today.....

**Mom** · 16th March 2009, 16:16

That sucks mate. Interesting thing is there is the smokefree workplace legislation that says employers have to provide a smokefree workplace, so I guess they are technically and legally allowed to prevent you smoking in the workplace. Bit difficult to make it smoke free though as you work outside and others can smoke around you. Perhaps it is more of an image thing that they are concerned about?

Most of us social lepers are only able to smoke outside at break times, you have been fortunate enough to not have the break restriction on you till now.

Good luck with that, let us know how you get along, buy some nicotine gum or something to see you through if it is a problem.

**MSTRS:Me** · 16th March 2009, 16:18

Unless they declare the whole place smoke-free for all, I'm not sure how they can enforce it for just staff. It's not in your employment contract, is it? And you'd have to agree to a new one for that 'rule' to be imposed on you. Obviously this does not apply when/if you are in some enclosed space (clubrooms, implement shed etc)

**FROSTY:Me** · 16th March 2009, 16:20

Unless of course its a condition of employment that you dont smoke during working hours

**Nasty** · 16th March 2009, 16:21

Originally Posted by MSTRS

Unless they declare the whole place smoke-free for all, I'm not sure how they can enforce it for just staff. It's not in your employment contract, is it? And you'd have to agree to a new one for that 'rule' to be imposed on you. Obviously this does not apply when/if you are in some enclosed space (clubrooms, implement shed etc)

Am inclined to agree with Mstrs here ... the place would have to be smokefree to stop all smoking not just staff - that is what was done at hospitals ... staff and patients must leave the grounds at some hospitals in order to smoke - not just staff ... as the grounds are smokefree as well ... that is the only way it could be enforced there.

**cowboyz** · 16th March 2009, 16:28

to make it clear, the course is not smoke free. Just the empolyees, and being the only smoker on staff means just me.

There is a HUGE backstory that goes with this that I wont go into but rest assured that this rule is just to pick on me as a backlash for past events.

No it is not a condition of employment that I dont smoke. I smoked before I started working there and have been working there for over 3 years.

I got a notice today that says lots of stuff but it is just this point that has the biggest effect on me that I want a way out of striaght away.

4. Smoking. No smoking during paid working hours. Smoking is permitted during your breaks only.

These rules are not optional but will be adhered to by all staff.

There are 7 rules all together, the others I can argue in time. Working without smoking gets me wound up pretty quick though.

This notice was given to me this morning.

**awayatc** · 16th March 2009, 16:31

look at all the money you will save.....

Good time to quit.

**cowboyz** · 16th March 2009, 16:31

I have spoken to the smokefree act people and they say they cant be called in to enforce this non-smoking policy as it is a public place and as far as they are concerned I can smoke there. They say you can make a person smokefree but you can make any place (indoor or outdoor) smokefree.

They also warn that I may be dismissed under misconduct under employment relations if I do smoke because I have been told that I am not allowed to but are not sure how that all works.

**hedcase07** · 16th March 2009, 16:33

Originally Posted by cowboyz

to make it clear, the course is not smoke free. Just the empolyees, and being the only smoker on staff means just me.

There is a HUGE backstory that goes with this that I wont go into but rest assured that this rule is just to pick on me as a backlash for past events.

No it is not a condition of employment that I dont smoke. I smoked before I started working there and have been working there for over 3 years.

I got a notice today that says lots of stuff but it is just this point that has the biggest effect on me that I want a way out of striaght away.

4. Smoking. No smoking during paid working hours. Smoking is permitted during your breaks only.

These rules are not optional but will be adhered to by all staff.

There are 7 rules all together, the others I can argue in time. Working without smoking gets me wound up pretty quick though.

This notice was given to me this morning.

Can you tell me youre employers so i know not to apply for any upcoming vacencies...
I think this is discrimination?

i believe that if you work outdoors or in an open enviroment you are allowed to smoke.
Bad luck..

**cowboyz** · 16th March 2009, 16:33

Originally Posted by awayatc

look at all the money you will save.....

Good time to quit.

with all due respect.

Fuck off.

Now is not a good time to tell a smoker that he should give up. I know its bad for me. I know I am going to hell in a handbasket. But when you smoke it makes other people more tolerable.

**Nasty** · 16th March 2009, 16:33

That was very clear in your first post that the course is not smoke free. if you read subsequent posts evidence you need to provided as to why others could force a change.

If this is a change of employment there needs to be discussion of the change of conditions of employment, Mom knows more about this part of the law than I do.

Looks like you get a little wound up just thinking about it anyways

**HenryDorsetCase** · 16th March 2009, 16:35

Originally Posted by cowboyz

to make it clear, the course is not smoke free. Just the empolyees, and being the only smoker on staff means just me.

There is a HUGE backstory that goes with this that I wont go into but rest assured that this rule is just to pick on me as a backlash for past events.

No it is not a condition of employment that I dont smoke. I smoked before I started working there and have been working there for over 3 years.

I got a notice today that says lots of stuff but it is just this point that has the biggest effect on me that I want a way out of striaght away.

4. Smoking. No smoking during paid working hours. Smoking is permitted during your breaks only.

These rules are not optional but will be adhered to by all staff.

There are 7 rules all together, the others I can argue in time. Working without smoking gets me wound up pretty quick though.

This notice was given to me this morning.

I have zero sympathy for you. I do not approve of smoking, would not employ a smoker, and would not as an employer tolerate paid "ten minutes every hour" addict breaks.

Having said that, and read your post that you believe that this is a punitive action taken against you by your employer for past perceived transgressions, then my advice to you is: if you are in a union, get them involved. If not, then get an employment advocate or lawyer on the payroll and take it from there.

The "no unilateral variation of employment contract" and " if they ask you to give something up then they should give you something extra" rules would seem to apply.

I wouldnt even take this as a paying gig!

Why not spend the money you would spend on lawyers on a "give up smoking" course? or a hypnosis or whatever.?

edit: Just had a quick look at the Smoke Free Environments Act s5 says:

Originally Posted by the Lor

Smoking in workplaces prohibited

*

(1) An employer must take all reasonably practicable steps to ensure that no person smokes at any time in a workplace that is not—
o

(a) a vehicle in which smoking is permitted under section 5A; or
o

(b) a dedicated smoking room in which smoking is permitted under section 6.

(2) No employee or volunteer may smoke at any time in a workplace that is not a vehicle in which smoking is permitted under section 5A.

Section 5 was substituted, as from 10 December 2004, by section 5 Smoke-free Environments Amendment Act 2003 (2003 No 127).

now notwithstanding that your workplace is a place where the public have access, I'm sure if you look at your employment contract it will define that area as your workplace. that being the case then you are, to put it in a nutshell, fucked

**Madness** · 16th March 2009, 16:35

Seems to me like they are introducing rules under employment legislation, rather than the Smoke Free Environments Act.

There's a few savvy Employment guru's around here, give 'em an hour to get home from work (and to have a smoke)...

**KiwiKat** · 16th March 2009, 16:36

Technically your employer cannot change your workplace code of conduct and enforce new rules without it being negotiated with you or your employer representative. In reality most employers do what they want and the "if you don't like it well you know what you can do" attitude prevails.

No easy answer with this one, you really have to make the call as to whether you want to push it.

Interesting that research shows that abstinence from smoking may increase your life but abstinence from sex (guys) may decrease it.

Maybe you need to do more of the other at work instead.

**cowboyz** · 16th March 2009, 16:37

Originally Posted by Nasty

That was very clear in your first post that the course is not smoke free. if you read subsequent posts evidence you need to provided as to why others could force a change.
I dont understand what this means?

If this is a change of employment there needs to be discussion of the change of conditions of employment, Mom knows more about this part of the law than I do.
no discussion. showed up to work this morning and got a letter telling me that I am not allowed to smoke. end of story. Told if I do smoke then there will be represcussions (sp?)

Looks like you get a little wound up just thinking about it anyways

Yeah, I am wound up about this one. Alot!