Second Job???

Robert de Loryn
Jul 23
2 min read

With the cost of living continuing to rise, more people are taking on a second job or developing a side business. For employers, this raises an important question.

Can you stop them?

The short answer is usually no.

Australian employment law does not prevent employees from working for another employer. In most cases, what people do outside their normal working hours is their own decision. The real issue is whether that second job creates a conflict of interest, breaches their employment contract, compromises confidentiality, or affects their ability to perform their primary role.

That distinction is critical.

An employer should never discipline someone simply because they have another source of income. Instead, the focus must remain on workplace performance and legitimate business interests.

If an employee arrives fatigued, repeatedly misses deadlines, makes more mistakes, has increased absenteeism or their second job competes directly with your business, you may have grounds to intervene. Likewise, many employment contracts require employees to disclose secondary employment where there is a potential conflict of interest or where approval is required.

The conversation should not begin with, “You need to quit your second job.”

It should begin with, “Your performance has changed.”

That keeps the discussion focused on measurable facts rather than assumptions or personal choices.

Leaders should clearly identify the performance gap, explain the required standard, provide the employee with an opportunity to respond, and agree on practical actions to restore performance. If the underlying issue is fatigue caused by excessive working hours, that becomes a work health and safety consideration as much as a performance issue.

One interesting fact is that Australians now work some of the longest average full time hours in the developed world, averaging around 42 hours per week for full time employees. Adding a second job can quickly create fatigue that impacts judgement, safety and productivity.

The best organisations do not try to control employees’ lives outside work.

They set clear expectations, monitor performance objectively and address issues early when standards begin to slip.

Good leadership is not about policing what people do after hours.