ARTICLE · 17 MAY 2017

Two good to be true? - if and when is a second job acceptable?

Sparke Helmore Lawyers

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Strategies that encourage a worker to disclose when they are not fit for work can be key in managing these situations.

AustraliaEmployment and HR

Laura Regan (Formerly With Sparke Helmore Lawyers)

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Running a digital application (app) side-business or working a second job, in addition to working a nine-to-five job, is becoming increasingly common.

However, workers holding down a second job can in some circumstances impact a primary employer's business, especially if the worker is fatigued and unable to work safely, or if the job directly competes with the employer's business.

In such situations, workers may find themselves in hot water, with employers potentially having the right to exercise performance management or terminate employment. This article looks at the rights of employers and workers, and the actions that can be taken when a second job may be negatively impacting the primary employment, with reference to important cases handed down by the Fair Work Commission (FWC).

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