Side Hustle Sacking: 5 Essential Rules to Keep Your Second Job from Costing Your Main Career
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Side Hustle Sacking: 5 Essential Rules to Keep Your Second Job from Costing Your Main Career

WORKPLACE RIGHTS
sidehustle
workplacerights
employmentlaw
careertips
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Summary:

  • A Fair Work Commission case ruled a dismissal for a side hustle was not unfair due to competition and time misuse.

  • Check your employment contract for clauses on side hustles to avoid legal issues.

  • Ensure your side hustle doesn't compete with your main job or use employer resources.

  • Nearly 1 million Australians hold multiple jobs, working about 8 hours weekly in second roles.

  • Side hustles can be motivated by financial needs, career development, or personal fulfilment.

A Worker Sacked Over Side Hustle: What You Need to Know

A recent Fair Work Commission case has highlighted the risks of holding a second job while employed full-time. An employee was dismissed for running a side business, despite claiming full disclosure to his employer. The Fair Work Commission ruled the dismissal was not unfair, citing two critical factors:

  • The employee operated a side business in a similar area to his main job.
  • He spent his normal work time on his second job.

Understanding Side Hustles vs. Second Jobs

Side hustles are informal, entrepreneurial activities that earn money alongside your full-time job, such as gig economy work or online businesses. In contrast, second jobs are formal employment with regulated hours, like evening teaching or bar work.

5 Practical Tips to Avoid Crossing the Line

  1. Review Your Employment Contract: Check your letter of offer for clauses prohibiting or requiring permission for side hustles. If it states you need permission, inform your employer.
  2. Avoid Competition: Ensure your side hustle doesn't compete with your main job's business.
  3. Maintain Loyalty: Your primary focus should remain on your employer's business during work hours.
  4. Keep It Separate: Don't let your side hustle spill over into your main job's time or resources.
  5. No Employer Resources: Avoid using any of your employer's resources for your side hustle.

The Reality of Multiple Job Holders in Australia

According to the Australian Bureau of Statistics, nearly 1 million people hold more than one job in Australia's workforce of 10 million full-time workers. On average, they work about 8 hours per week in their second job and 30.5 hours in their main job.

Why People Pursue Side Hustles

Motivations include:

  • Financial pressures from rising living costs.
  • Career development and skill-building.
  • Personal fulfilment and passion projects.

Some employers even support side gigs to retain employees and boost motivation in their main roles.

If you can manage your side hustle without competing with your employer and using only your own time, it can be a rewarding venture.

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