Moonlighting / Working a second job

[HeyPete]

I'd be interested to know common practices in Australia regarding Moonlighting / Employees working a second job.

Obviously we (the company) can't inhibit employees working a second job after working hours, but we can certainly have discussions if we know their performance is dropping.

Are there any legal issues to watch out for?

[belinda]

You can not inbihit someone working a second job unless you have a clause within your contract that prohibits the person working for a like organisation. You can only address the performance issues you see within the position they hold within your organisation.

[HRLocalGov]

In a legal sense it would be hard (maybe impossible) to find a precedent to stop an employee working a second job. However it is possible to add certain clauses to employee contracts in order to make sure their 'moonlighting' does not affect their performance.

My experience has seen the inserting of a clause in the employment contract that requires an employee to inform their manager/team leader if they intend to work a second job. As well as ensuring this role will not affect their ability to perform their role with your organisation. We often refer to the example of the employee also working in a bar each night after work. This kind of work can include long hours and cause fatigue during their day job. This obviously becomes a health and safety issue within your workplace and obviously then calls upon your obligation to provide a safe working environment for all employees.