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ARTICLE · 01 MAY 2015

Moonlighting employees it can be difficult to stop

In this case, the employee had no obligation to divulge when he was undertaking secondary work or the nature of the work.

AustraliaEmployment and HR

IN BRIEF

There can be a number of particularly important reasons why employers need to know whether an employee is working elsewhere and also the nature of that work.

In a recent decision of the Fair Work Commission (Bril -v- Rex Australia Limited), Vice President Hatcher found that the implied duty of fidelity and good faith on the employee does not extend to them disclosing to the employer what other secondary work they are doing in their own time.

In this case, the employee took a week of annual leave to work for a client as a driver. Notably, this was not the case of an employee doing work for a competitor, nor was it the case where there was a suspicion that confidential information would necessarily be disclosed by that employee. Finally, there was no evidence put to the FWC by the employer proving that - by the employee working for a client for this week - it meant lost job opportunity for the employee's primary employer.

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