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Paul – FS Concierge
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I have previously had my own gig while working full time. Consent was both sought and given to me in writing.

It is an interesting question of law isn’t it?

The lawyer in Bert’s article submits that “Unlike a restraint of trade there is no implicit presumption that Australian common law or equity would apply to strike the agreement down.”

All of the contracts I have seen have the word “unreasonable or unreasonably” in them re: employers not withholding consent.

Those words can be interpreted by the average Jill very widely. It would be interesting to have the courts hear cases where consent was withheld but where having a second job meant the difference between the employee being able to meet their survival needs or not being able to meet them. That is, could it ever be considered inhumane to withhold consent and even if it was, would that be something the courts would be able to take account of in industrial law?