Sometimes you get an offer you can’t refuse. And sometimes, you get that offer while you already have a job. The technical term for working a second job without informing your main employer is “moonlighting,” and there have been several recent Canadian cases where people have lost their jobs as a result.
Case History
In British Columbia, Kristin MacDonald was fired from her job as a teaching assistant in the Coquitlam School District for operating an OnlyFans account on the side. There were six listed reasons for her removal, including the alleged posting of material that involved the “sexualization of the school environment,” such as the innuendo of meeting “at the playground” for sexual activities. MacDonald felt it was unjust to be punished for something she was doing in her personal life and planned to file a human rights complaint.
This past June, the CBC terminated Evan Solomon from his position as journalist and host of “Power and Politics” when they found out that he was also working at a family art brokerage business. Solomon was fired because his activities at the brokerage business allegedly violated CBC’s “written conflict of interest and ethics policies.”
In a case decided at the British Columbia Supreme Court in 2011, a bank employee was dismissed when she did not acquiesce to her employer’s request to quit her other job as a real estate agent. The Court held that her real estate work put her in a potential conflict of interest because she could potentially earn commission from her real estate clients who could be seeking mortgages from the bank. Additionally, the Court determined she was handing out business cards to bank clients during regular work hours—thus using company time for her own business interests.
Takeaways
Having a second job is far from uncommon. In fact, this May, Statistics Canada reported that around 946,000 Canadians are working more than one job. But when should you be cautious about taking on another opportunity?
Most of the time, you are free to have a second, or even a third job. But Canadian employment law spells out that employers have every right to terminate you if your additional job(s) are creating a conflict of interest, affecting your productivity or attendance at your primary job, contravening a code of conduct or employment contract, or using company resources in the process. In these situations, your employer could have just cause to end your employment, without notice or pay-in-lieu of notice. And just the potential for conflict of interest could amount to sufficient just cause, as it may be argued as causing your employer to lose trust and confidence.
Overall, it would be prudent to seek legal advice if you are hoping to take on another role. As the saying goes, “a bird in the hand is worth two in the bush.”
- CT
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