Employee accommodation: what happens after the employment relationship ends?
April 19, 2023
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In many cases in rural WA, when taking on an employee, part of the employment package includes the use of a house, whether this is on the farm or in the local town.
We are often asked for advice and assistance on the proper processes to be implemented where the employment relationship has deteriorated and the employer is looking to dismiss the employee, including situations where the employee lives in accommodation provided as part of the employee’s employment package.
In this situation, a complication that may not have been considered is that, as well as the rights of the employee under an employment agreement (whether that is a written or verbal agreement), the employee may have additional rights under the Residential Tenancies Act 1987
(the Act).
A key requirement of this Act is that the tenant (in this case the employee) be given written notice, in the prescribed form, specifying the owner’s (employer’s) grounds for terminating the tenancy agreement.
There are specific periods of notice of termination required under the Act, usually 60 days from the date that notice is given. This means that the tenant (employee) can remain in the accommodation for 60 days from the day that notice is given.
Often when an employee is dismissed, the accommodation is required for a new employee taking over the role. However, the former employees’ rights under the Act means that he or she may remain in farm accommodation even after the employment has ended.
Notice of termination of employment is not the same as notice of termination of Tenancy – you must do both.
If, after proper notice is given to the employee, the person refuses to move out, a court order can be sought to move the person on. This can be a difficult and time consuming process and potentially costly.
However, we consider that there are certain circumstances where either the Residential Tenancy Act does not apply, or where measures can be taken to ensure that the obligations of the owner of the property can be met without having to apply a lengthy notice period and thereby prevent a new employee, or the owner, from using the accommodation.
For further information or advice on the above issue, or employment or property related matters, please contact Bailiwick Legal at (08) 9321 5451.
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The International Sustainability and Carbon Certification (ISCC) System has come to the attention of many Western Australian farmers recently, as the scheme has changed one of its policies regarding aerial spraying. What is the ISCC? The ISCC is one of the world’s largest voluntary sustainability certification schemes enabling participants to demonstrate they are producing materials in a sustainable way that meets or exceeds community expectations. In Australia it is widely used in the canola industry, enabling Australian canola growers to access the European biofuel market. CBH Marketing and Trading holds certification for the ISCC EU and ISCC PLUS programs, that cover canola, barley, oats, wheat and lupin, allowing WA growers to participate in both programs. Participating in the ISCC program can result in a premium on grain, however participants are subject to more stringent measures to satisfy sustainability accreditation requirements. Recent decision on aerial spraying ISCC Principle 2.6.2 prevents aerial spraying from taking place within 500 metres of a body of water. CBH has successfully lobbied for an exemption to this Principle, for farm dams and salt lakes of low ecological value. As part of its lobbying, CBH provided expert reports to the ISCC on the hydrology and ecology of WA farm systems. For farmers who are signed up to the ISCC program, this removes an obstacle during the season for weed management. The Principle does still require a 500 metre buffer for other bodies of water, including freshwater lakes, rivers, ponds or creeks. However, for those who farm yabbies and marron, this change may not be welcome. Marron and yabby farmers have noticed impacts on their populations where aerial spraying has taken place close to their properties, and aerial spraying can unintentionally damage natural vegetation, including young and old growth trees. For growers, it’s always prudent to follow best practice guidelines for aerial spraying to avoid spray drift – including monitoring weather conditions and the effect of water added to the chemical. For some farmers, this decision may prompt an examination of whether signing up to the ISCC program might be best for their business. In this circumstance, it is important to weigh up the potential benefits of the program compared to the sustainability accreditation requirements. For others, this decision is a timely reminder to stay up to date with best practice guidelines when it comes to spraying, particularly during the seeding season. For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au By Ciara Nalty (Solicitor) For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
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