Our business has discovered that some staff members have second jobs. We’re concerned about the impact that working a second job may have on the employee’s wellbeing and our business. How can we manage situations where an employee has, or intends to take on, a second job?
We start with the position that an employer cannot regulate an employee’s time outside of working hours.
Having said this, it is possible that an employee’s second job can impact on the employment relationship with the primary employer in a manner which would allow involvement by the primary employer.
One of the most common issues that can arise from working a second job is fatigue. Employers are required to ensure the health and safety of their employees and employees have a concurrent obligation to ensure that they are fit when they attend for work.
If an employee is excessively fatigued as a result of working a second job and that fatigue would elevate health and safety risks, or adversely impact on the employee’s ability to perform her or his duties, it may be reasonable for an employer to require the employee to not attend work until the employee is fit for work.
Moreover, if a second job consistently impacts on the employee’s primary job due to fatigue issues, then the employee may struggle to establish that they are ready or able to perform their contractual obligations as required.
Another issue that may arise from working a second job relates to breaches of an employee’s duties of fidelity and confidentiality. These breaches would only occur where the nature of the second job and the manner in which it is undertaken is such that the employee’s service in that second job could be seen as damaging the primary employer’s business to a sufficient extent. An example of such a breach would be where the employee’s second job involved running a rival business.
There are a number of management strategies that can be used to require employees to inform their primary employer of intentions to take on second jobs. Such strategies can include the creation of a policy on second jobs, the insertion of provisions within a code of conduct relating to disclosure requirements and the inclusion of provisions within employment contracts relating to employee obligations in regards to second jobs.
For further advice and information about policy drafting, please contact us or callAi Group Workplace Advice Line on 1300 55 66 77.
