Employees beware of the side hustle

The Fair Work Commission has upheld a dismissal of a senior staff-member for taking up a secondary job because it contravened their contractual duties.

With side jobs and secondary careers becoming increasingly common, this decision highlights the importance of reviewing the terms of employment before considering taking on an additional position.

The Facts

• The employee worked in a managerial position at a small recruitment firm.
• The employee had been conducting a secondary career in life-coaching outside of this role over a period of many months.
• The employer dismissed the employee on the grounds of breach of contract, stating that this breached loyalty duties enshrined in the employment contract.