HOW SIDELINE JOB CAN BE A HOWLER
AS many positions become casual or freelance, workers are increasingly looking for extra income streams but there are legal factors to consider before moonlighting with a side job.
The Australian Bureau of Statistics reveals the number of secondary jobs nationally grew 3.7 per cent in the year to 2015-16, to reach 763,200.
Cowell Clarke senior associate Peter Healey warns workers planning to enter the secondary job market should first consult their employer.
“There are two main ways moonlighting can become a legal issue: running a side business that adversely (affects) your employer’s financial or business interests, and when moonlighting affects your performance as an employee,” the employment and industrial relations expert says.
“For example, practising law during your day job and then courting your employer’s clients after hours to gain additional paid work – not through your employer – would be detrimental to your employer’s financial interests.
“Using assets belonging to your main employer to service your side business could, in certain circumstances, also be grounds for dismissal. This could include using a company car to work as an Uber driver, as well as mobile phones, computers and internet.”
Taking a job with night shifts and coming to your day job tired and unproductive is also an issue.
Mr Healey says this is particularly common among workers mixing retail and hospitality.
Some employment contracts have clauses specifically prohibiting additional paid work, or requiring approval from the management team depending on the work.
Mr Healey says moonlighting can be tempting, especially for younger and less-experienced workers.
“However, we also see moonlighting across all walks of life and in varied industries, many of which would surprise,” he says.