Second part time job, while retaining the current job

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smbo1982

Member
25 April 2020
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0
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Hi,

I want to do a second job outside of my usual working hours without affecting my current job. My employment contract has the following clause regarding other Employment:

You will not, without the express prior written consent of the Company, undertake
any appointment, position or work that results in you competing with the
Company, or adversely affecting the Company or otherwise hinders you in the
performance of your work for the Company.
You must devote your full time and attention to the role with the Company and
any other commitment (paid or otherwise) that interferes with your obligations to
the Company, will need to be dispensed with.


Please note that the work nature is same in the second job, but it is not with any competing organization and will not affect Company's business.

Can you please let me know if I can be held accountable if my first employer got to know that I am involved in a second job without informing them ?

Thanks,
 

Rod

Lawyer
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27 May 2014
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If your employer has signed up to jobkeeper and you nominated, they cannot unreasonably stop you.

If you are not under JobKeeper, then you can likely take the second job as long as there is no impact on your current job. Note the first employer may still become stroppy if they find out and sack you. While it may be an unfair sacking, it still leaves you without the first job. In most cases, but not all, you are better off getting the written consent of your first employer.

Having said that, sometimes the act of asking for consent is enough to make the first employer think you have no future there and begin looking for ways to get you out.

Tough call to make.
 

Rod

Lawyer
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27 May 2014
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JobKeeper is the new law the Federal Government brought in earlier this month to help employees and businesses.

Guarantees $1,500/ft, amongst other things.