Thinking About Moonlighting Or Having A "Side Hustle"? Think Twice…

What is moonlighting?

The term "moonlighting" refers to the practice of an employee having an extra job or a "side hustle" in addition to their ordinary job, usually without the knowledge of their employer. Typically, the employee will devote extra hours to the "side hustle" after their ordinary working hours and sometimes, depending on the nature of work, during their ordinary working hours.

Moonlighting does not necessarily constitute a breach of the employment contract, although in some instances it may, depending on the contractual provisions. Notwithstanding this, moonlighting may nevertheless create a conflict of interest and result in a breach of the duty of good faith owed by the employee towards the employer. This conflict may take various forms. For example, the additional job may take the form of competing with the employer or making use of the employer's assets. It may also arise from the fact that the activities associated with the additional job