Is it Legal to Have a Dog in the Office?

If you’ve searched through LegalVision’s website, you would have been lucky enough to see a particularly gorgeous member of staff. I am talking, of course, of our happiness officer, Pearl. And while us Visionaries are lucky enough to have this perfect ball of fluff walking through our offices on a regular occasion (not to mention begging for food and demanding belly rubs), there are some legal issues you should consider before uploading Fido’s photo to your business’ “about us” section.
1. Property Issues
Regardless of whether you own or lease your business premises, your legal documents will govern your terms of use, namely the lease/sublease and/or the strata regulations and bylaws. It’s common for such documents to dictate whether you can keep pets on premises, and any conditions of use. For inner-city office buildings particularly, the strata is likely to be pretty clear and along the lines of ‘strictly no pets’. If the documents say no, unfortunately, little Fido will need to stay at home.
2. Workplace Health and Safety
Employers have obligations under the workplace health and safety laws, and common law generally, to provide a safe work environment. Accordingly, if someone in your team has allergies or little Fido is known to give the postman the occasional nip, it’s foreseeable that his little doggie presence could pose a risk, which could ultimately leave the employer liable if something goes wrong.
3. Noise Issues
Strate regulations/by-laws and local council regulations cover any noise issues. If Fido has a loud bark and barks often, this could result in neighbours lodging a complaint and taking action.
4. Common Law Negligence
At common law, people have a duty to their ‘neighbor’ to prevent damage or loss that is ‘reasonably foreseeable’. This duty would extend to the workplace. Accordingly, any damage Fido causes could result in a common law claim of negligence, for which the damages claims are unlimited.
5. Contractual and Policy Issues
Most employment relationships are governed by a written contract and internal policy documents which often contain warranties provided on the employer’s behalf. Any such obligation to provide a safe and healthy workplace could add another limb to a potential claim, this time in the contract.
Dogs make the world a better place. Fact. In our humble opinion, they also make the workplace a whole lot happier and just generally better looking. But if you want to add a dose of that happiness to your workplace, there are some issues to consider. We recommend before you introduce Fido, and give him his official title, you should think about his behaviour, consult your staff and check the paperwork and, if no one raises any issues, obtain waivers.
Now, who wants a belly rub?
***
Questions about whether your building permits an office pup? Let us know on 1300 544 755.
How Franchisors Can Avoid Misleading and Deceptive Conduct
Wednesday 18 May | 11:00 - 11:45am
Online
New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects
Wednesday 25 May | 10:00 - 10:45am
Online
How to Expand Your Business Into a Franchise
Thursday 26 May | 11:00 - 11:45am
Online
Day in Court: What Happens When Your Business Goes to Court
Thursday 2 June | 11:00 - 11:45am
Online
How to Manage a Construction Dispute
Thursday 9 June | 11:00 - 11:45am
Online
Startup Financing: Venture Debt 101
Thursday 23 June | 11:00 - 11:45am
Online
Was this article helpful?
We appreciate your feedback – your submission has been successfully received.
About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.
By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.
If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.