Working multiple jobs: what are your obligations to your employers

Posted on October 13th, 2017

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Munro v Wilmar Australia Pty Ltd [2017] FWC 2493 is a recent decision of the Fair Work Commission, which has held that where an employee fails to provide details of their additional employment to their employer, it may constitute a valid reason for dismissal. 

Specifically, the case involved an employee (Munro), who was conducting his own business alongside his ordinary employment. The employer (Wilmar) was concerned that the amount of hours being worked in total by Munro might be a risk to both his health and safety and to his co-workers. 

Wilmar requested that Munro submit weekly time sheets indicating the time spent working for his own business.  It submitted that this was to allow Wilmar to monitor fatigue. Munro argued that providing this information on an ongoing basis was unworkable and would cause extreme hardship.

The Commission held that Wilmar’s request was entirely reasonable and not excessive as Wilmar has a duty of care to ensure that its employees were not unduly fatigued. It was found that the information was sought for a legitimate purpose and the failure to provide the information was considered to be a valid reason for dismissal.

This case highlights that if you are an employee working multiple jobs and your employer requests you provide details of your additional employment you should consider providing this information to your employer. If the request is reasonable and for a legitimate purpose, a refusal to comply may be a valid reason for termination.

 

Katie ThompsonKatie Thompson is a Solicitor at Mullane & Lindsay Solicitors and practises in the Commercial dispute resolution and litigation team. If you require any assistance in this area please contact Katie Thompson to arrange a consultation or contact our Newcastle or Sydney office. 

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