I work in a fulltime position in a public health department. I also have secondary employment as a casual with another public health department. Is it illegal to work a shift with my secondary employer whilst on a rostered day off from my full time position & is it illegal to work with my secondary employer whilst on Annual leave from my full time position?
It is likely that your employer has a policy on working a second job. Look first at HR policies. Your employment agreement and/or award where applicable may also deal with this issue.
A general issue is whether or not the second job may conflict in some way with the interests of your primary employer. The other issue is whether working a second job will impact on your ability to perform the duties of your primary job. Eg coming to work exhausted because of your secondary job.
Suggested way forward
Check out your employers web site for policy on working a second job. Also check your agreement/award. Ask HR. Ask the union.
There is nothing illegal about working two jobs so long as there is nothing in either of your employment contracts which would exclude you from doing so.
Sometimes employment contracts contain terms which restrict or prevent employees from working in the same field with different employers simultaneously. Employers usually include terms like this if there is a risk of confidential information being shared or one business effecting the competitiveness of the other. Take a close look at your contract. If it contains a clause which looks like it might restrict you from working at another employer be sure to see a lawyer just to make sure you are not doing anything that would jeopardise either of your jobs.
There is no specific Law prohibiting a person undertaking secondary employment. There are WHS laws to consider and whether your health my be affected by working a second job.
Further, as you work for a government agency it is highly likely they will have a code of conduct or practice which will have guidelines about seeking approval for secondary employment, and avoiding actual or perceived conflicts of interest in the secondary employment. It is imperative you follow the requirements in this code as that is how your employer will ensure they uphold any WHS obligations they owe to you.Your employment contract or industry award may also contain provisions about secondary employment
Finally, what one does on their RDO's or annual leave is up to them, the employment relationship can not dictate what a persin does in their spare time unless it breaches the code of conduct
Suggested way forward
Read any workplace codes, code of conduct, industry award etc relating to secondary employment. Follow and comply with those requirements
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