URGENT Advice req re smoking at work.

[Skyryder]

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.

It's a policy thing. Your employer can set a policy that emplees must abide by. If he/she/board etc set a policy of no smoking on the grounds that are controlled by your emplees there is shit all that you can do. It has nothing to do with your contract or the emplyment act. some consultation might have been in order but they do not have to consult emplees to set policy.

You could go and see an employment lawyer if you think that your emplee has a hidden agenda i.e wants to get rid of you. If there has been other emplyoment issues where only yourself has been involved you may be able to argue on those grounds. If however if this has come from your workmates?? and they are a bit pissed off with your smoking I don't think you have a shit show in hell.

From an ex smoker. Might be time for an appraisal of the 'habit.'

Good luck either way.


Skyryder

[rainman]

yep. thats the bit that sucks.

Serious question - can you get by with smoking during breaks plus nicorette? Jobs are pretty hard to find at the moment..

And I'm not being the sanctimonious ex-smoker; I would absolutely encourage you or any other smoker to quit - I've seen the effects of lifelong smoking on people I care about and it ain't pretty - but I do know it's tough to do.

Maybe cutting down for the sake of keeping your job is a good idea, though?

[cowboyz]

ok. thats the word then. If they are legally doing something then I cant complain too much about it. I dont have to like it.

This moves on then. I am allowed to smoke on my breaks. Up to now, we dont actually get breaks and there is no provision for breaks in my contract. Up till now we grab food/drink/smokes on the go and keep working till its done. We have lunch which has been generally accepted as half hour from 1230 till 1. Am I legally entitled to go sit on my arse and have a smoke in my car at 10 and 3? (finish work at 4)

[cowboyz]

Serious question - can you get by with smoking during breaks plus nicorette? Jobs are pretty hard to find at the moment..

And I'm not being the sanctimonious ex-smoker; I would absolutely encourage you or any other smoker to quit - I've seen the effects of lifelong smoking on people I care about and it ain't pretty - but I do know it's tough to do.

Maybe cutting down for the sake of keeping your job is a good idea, though?

fucked if I want this job. I have been trying to give up smoking for years. Being told I am and arent allowed to do something doesnt sit well with me and the more I am told I am not allowed to smoke the more I want one.

Looking for a new job though.

[hospitalfood]

bad day.

I just finished working at a house where I had to go off the property for a smoke ( so a smoke or two at 10am,12.30pm and 3pm ), it was not all that bad, but it still bummed me out a bit. It was at the request of the home owner. Think he did not want it around his kids.

addiction is now recognized as an illness, has been for a while.
back in the bad old days addicts were criminally insane and locked up, now they get expensive treatment. in my opinion a vast improvement as many of them go on to lead productive lives.

I think a good lawyer could argue it for you.

If you think you are getting a raw deal.......?????

my advice would be to follow the rules for now, don't break them. try to build up enough evidence of unfair treatment to fuck them hard in court. and I mean serious pay-out hard !
as an example you can sue them for lack of self esteem.

so, try to find good legal advice, initially you should be ok without a lawyer provided you say nothing to you co-workers or boss, do as your told, and collect evidence.

its a long game but the rewards are worth it.

[MSTRS:Me]

ok. thats the word then. If they are legally doing something then I cant complain too much about it. I dont have to like it.

This moves on then. I am allowed to smoke on my breaks. Up to now, we dont actually get breaks and there is no provision for breaks in my contract. Up till now we grab food/drink/smokes on the go and keep working till its done. We have lunch which has been generally accepted as half hour from 1230 till 1. Am I legally entitled to go sit on my arse and have a smoke in my car at 10 and 3? (finish work at 4)

Once upon a time, and this was waaaay before the ECA came into force, I believe that the employer had to grant a 10 min break every 3 hours (or less). And a lunch break somewhere near the middle of an 8 hour shift.

[hospitalfood]

my understanding of breaks is this.....if you are doing an 8 hour day you are allowed 10 mins in the morning and 10 in the afternoon. you are also allowed 5 mins to wash your hands for each break, so 15 mins morning and afternoon. a lunch break is not a paid break so it does not come into it, aside from the fact you are allowed one.

[hospitalfood]

also, the fact that you do not get a break is illegal I think.

[MSTRS:Me]

Hmmmm...if you are expected to work through your break, perhaps you can present your employer with a retrospective invoice for all that time they paid you at $Time instead of $Time-and-a-half...leave your smoking (which is not illegal) alone and you are prepared to drop the claim on umpteen hours X $Half.
Negotiate your way out of this.
Or find another job.

[ynot slow]

The old unionists would turn in their graves,we got an 8 hour day(labour day),which enabled a break every 2 hours funnily called smoko breaks.Seems friggin tough,the act says you can't smoke in company vehicles if employer wants.Old company I worked for had most of the carpet layers smoking,they would roll up anytime and go outside,but smoked in vans which annoyed the boss.Point is/was they couldn't enforce non smoking as the vans were for workers and carpet/vinyl and floor prep guys are scarce.

Sounds like they want you gone come hell or high water,suss out the law as it effects you,fair enough they want non smokers for the clean look of staff,but who cares what the staff look like(percieved with smoke out of mouth) as long as they are doin the job,bloody easy to say give up,but same as saying to others no coffee breaks,or v,red bull drinks.

[CookMySock]

they already have got away with an assault with a weapon and although witnessed by the general manager they have found the acused innocent with no action taken. This smokefree policy is a relatitation (sp?) from my laying police charges against a friend of the boss

Coolies, so what you need is something that will fuck them up real good, AND keep you legal so they can't touch you?

I have been trying to give up smoking for years. Being told I am and arent allowed to do something doesnt sit well with me and the more I am told I am not allowed to smoke the more I want one.

Yes I see that you feel really pissed off about that.

If they want to get rid of you real baaaaad, how will THEY feel if you just gave up smoking and sit there and smirk at them? I suggest that will really rip their ration pack ay. THAT will be a really amusing reason to give up smoking.. hehe. And combined with all the other reasons, it might be just what you need.

Also, you are fully entitled to some support from them while giving up smoking. I suggest you write them a letter, and inform them that you have decided to give up smoking, but you are exceedingly stressed about this, particularly the manner in which it has been foist upon you, and that you need some assistance over the next three weeks, namely, a. more regular breaks, and b. a stress-free workplace and c. add further things needed here.

Make it clear to them it is just for three or four weeks. If they tell you to get bent, then send a copy of their reply to the local newspaper, MP, and anyone else whose fuse you can light over it. They will go down really hard from almost every concievable organisation for declining to assist you in that manner.

Good luck, whatever you decide, and sorry to hear about your tough day.
Steve

[Forest]

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.

So you can smoke during your break, but are not allowed to smoke during working hours?

Cry me a river you big baby. That's a standard condition of employment in most workplaces.

[jafar]

Hmmmm...if you are expected to work through your break, perhaps you can present your employer with a retrospective invoice for all that time they paid you at $Time instead of $Time-and-a-half...leave your smoking (which is not illegal) alone and you are prepared to drop the claim on umpteen hours X $Half.
Negotiate your way out of this.
Or find another job.

It is one thing to issue an invoice but often quite another to actually collect on it.

I suspect the 'employer' in this case is loading the deck so they can have an excuse to fire someone & thereby reduce the wage bill over the coming winter months. Justifiable dismissal goes down so much better with the bean counters than redundancy payments or having the employment court rape them financially for unfair dismissal.
There are 7 new rules they have introduced, any or all can be used for the purpose of sending some poor unfortunate to the employment scrapheap & saving the bottom line

[Monamie]

Bloody hell Lance that sooo sucks big time
What are those buggers doing-shame you have to work with/for such petty twots. They obviously don't have enough going on in their lives so have to upset yours-take it as a complement that they find you so interesting
Don't know what you should do except follow what they want and stick to the rule of breaks every 2 or whatever hours is mandatory.
I would also entertain the idea of working elsewhere as life is hard enough without losers making it harder for us all.
Closing that door opens shite loads of others my dear:

[cowboyz]

So you can smoke during your break, but are not allowed to smoke during working hours?

Cry me a river you big baby. That's a standard condition of employment in most workplaces.

it is more about the rules changing without notice.

I used to drive a forklift in a factory. smoko break was every 2 hours and it worked fine and I abided by the rules.

I got a job working outside so I could smoke all day to my hearts content. Now the rules have changed without notice. Again, if EVERYONE was stopped smoking I would have less of a problem with it. But having a group of guys smoking around you and your not allowed to gets irritating really fast.

In any case, I will abide by the rules, but will also make sure they do too.