MAKING MOONLIGHTING WORK

Starting a side hustle could help you bring more money in or make inroads towards a career change. But if you’re not aware of the legal ramifications, it could see you losing your main job

At the start of 2013, Peter Motloung was acting principal, as well as a maths and science teacher at Falesizwe Secondary School in Frankfort. By November, he had been dismissed by the school and beginning a legal battle that would continue until 2016. Motloung was fired for earning extra cash as a municipal councillor at the Mafube Local Municipality, without his employer, the Department of Education’s approval.

After a lengthy legal process, Motloung was reinstated without back-pay in December 2014. Judge Hilary Rabkin-Naicker explained the mitigating circumstances for overruling the dismissal. “The fact that the department did not bother to respond to Motloung’s request for permission to serve as a councillor after the May 2011 elections and then sought to charge him years later is further support for the Commission for Conciliation, Mediation and Arbitration’s view that the conduct of his employer was unfair.” Motloung’s case was helped by the fact that he had attempted to get permission, and that other teachers, both at his school and others, were also moonlighting as councillors. None of them had been dismissed. Consequently the Department of Education was deemed to be inconsistent and unfair in their ‘selective disciplining’ of Motloung.

But what about when you’re not a civil servant but just an ordinary employee, and want a second job that brings in more money, or that allows you to explore a passion? Is moonlighting a legal minefield then too?

STAY IN THE LIGHT

Industrial psychologist and career coach, Phiona Martin, says it’s important to check the rules and expectations at your specific company.

“Look at your employment contract and company policies to determine what the rules are around other paid work outside your contract. Look for elements around conflict of interest, “moonlighting ”, non-competes and what the guidelines around disclosures on such are. This should guide you on what’s expected of you. If you’re not sure, ask HR or your line manager so you don’t get into trouble. Some contracts may require you to ask for permission before you even start your side hustle.”

If your company has no stipulations around moonlighting, you may still want to inform them. Not only does this demonstrate honesty from you, but it safeguards a potential disaster of one of your colleagues passing on the information, or your superior finding out via social media. “Being transparent is important, in the age of social media and online footprints,” says Martin. “Your business will likely be visible online and if your employer becomes aware of it through other means, you may come across as if you’re being sneaky. Your candour, even if not required, will likely be appreciated.”

Palesa Mnguni, Revenue and Compliance consultant for South African Music Performance Rights Association, has a bookkeeping side-gig. When she started Aurae Consulting, she chose to keep her company in the loop. “I wanted to ensure that my employer is fully aware and to eliminate any conflict of interest issues that may arise since I was in the finance department at the time.”

You don’t need to give your employer many details about the side gig, but you need to make it clear that

there will be no conflict of interest between the two jobs. “Reinforce your commitment to your job, as your manager may worry about where your focus is and if you’ll become distracted. Also proactively say how you’ll ensure that your side hustle doesn’t interfere with your work,” Martin says.

When she was working as a provincial administrator and team leader, Anelisa Duma, started a sidegig selling home and office fragrances. She chose to casually let her line manager know she had a hobby that brought in an income. “There was no policy in place forcing me to declare my private work. However, what was important for me was honesty and transparency, so it was a personal choice to let my line manager know I have a side hustle.”

MANAGING YOUR SHINE

While letting your employer know of a side gig has the benefit of building trust, it can also lead to extra scrutiny. You need to ensure your performance at the main job remains stellar.

Duma says once her superior knew about the side-gig, the pressure was on to keep delivering well at work. “I put more effort into my full-time job. Others would drag their feet, but I worked twice as much. I tried my best to compensate and would end up doing more than I should have done in a day. I couldn’t afford any negativity around my deliverables. I had to make sure that my side hustle doesn’t raise any concerns from my line manager.”

Obakeng Makapane works full time as a shareholder identification analyst, and then moonlights as a trainer and consultant with Nobsfitness. Makapane is able to meet clients before and after work, and over weekends too.

“The most important thing is to manage your time and resources efficiently so that the two don’t clash and your full-time job is not compromised. I set time aside to work on my side hustle every day after coming back from work. I maximise on my time when I’m at the office to ensure I never have to take work home,” she says.

As co-founder of Nobsfitness, Makapane has a vested interested in the business growing in success. For her, the main job and side gig complement each other well. “Corporate has contributed positively to me building my network. When I send emails and proposals for my side hustle, potential brands and investors take it more seriously when they realise that I’m an analyst. I appreciate the credit that my corporate job gives me in the eyes of potential investors for my side gig.”