Home Forums Starting your journey Starting off a small business – approval from work for secondary job

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  • #1000037
    Krisl
    Participant
    • Total posts: 2

    Hi all,

    Many people initially stay in their employment, while starting off their small business. I would be interested in finding out how you have convinced your employer in approving your ‘secondary employment’ (SME) or if you have just kept it quiet?
    Have you had any issues with this and if so, how have you negotiated with your employer to run your SME on the side?

    Thank you for your responses!

    #1222424
    Rowan@quaotic
    Participant
    • Total posts: 712

    As long as it is not in direct competition or affecting your job then I don’t think it is any of their business what you do while you are not at your ‘normal’ job.

    #1222425
    Jason Ramage
    Participant
    • Total posts: 3,161
    Krisl, post: 268731, member: 61241 wrote:
    Hi all,

    Many people initially stay in their employment, while starting off their small business. I would be interested in finding out how you have convinced your employer in approving your ‘secondary employment’ (SME) or if you have just kept it quiet?
    Have you had any issues with this and if so, how have you negotiated with your employer to run your SME on the side?

    Thank you for your responses!

    Hi Krisl

    Can we ask for some context? are you currently going through this? Does your employment contract state you can not or does it say you need to seek approval?

    What is the basis of you thinking you need to seek approval and what industry is it?

    Am with Rowan on this though, if its not conflict of interest or similar – it should be ok.. But if its poaching clients, working same field and the lines can be crossed.. well…. ethically, irrespective of legally, it should go without saying.

    More info would be advised as to why you are pondering this..

    Cheers

    Jason Ramage | Lucas Arthur Pty Ltd | E: hello@lucasarthur.net.au   P: 61 3 8324 0344    M: 61 412 244 888
    #1222426
    sa_leinad
    Member
    • Total posts: 7

    I would advise to check your contract (if you have one).

    Mine said I wasn’t allowed to have another employment without written approval from the company. I went through the process with HR – which was mostly conflict of interest – and got written permission.

    #1222427
    Rowan@quaotic
    Participant
    • Total posts: 712
    sa_leinad, post: 268738, member: 115657 wrote:
    I would advise to check your contract (if you have one).

    Mine said I wasn’t allowed to have another employment without written approval from the company. I went through the process with HR – which was mostly conflict of interest – and got written permission.

    A number of contracts do state that but in most instances it is just a bluff and are in no way legally enforceable. My sister had one in her contract and her lawyer laughed said she should still sign it as it was not legal and they can’t enforce it. Apparently is is common though.

    #1222428
    bb1
    Participant
    • Total posts: 4,485
    #1222429
    Rowan@quaotic
    Participant
    • Total posts: 712
    bb1, post: 268740, member: 53375 wrote:
    https://fairworklegaladvice.com.au/can-employer-ban-employee-having-more-than-one-job-part-1/

    Interesting, thank you Bert.
    Note that the dismissal was not because of holding a second job but that the employee lost trust by lying and otherwise not being open with the employer and it does not set a precedant. As it states at the end “Accordingly, that case does not provide a legal authority to the effect that an employer can or cannot prohibit an employee from holding more than on job.”

    #1222430
    Paul – FS Concierge
    Moderator
    • Total posts: 3,141

    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?

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