Brief Facts:
On dual employment, from the case cited above, the Claimant was terminated for engaging in gainful employment while still working for the Respondent.
The court
acknowledged the general principle that an employee is not prohibited
from taking on additional employment unless explicitly restricted by
law, company policy, an employment contract, or a Code of Conduct and
Regulations. Employees may engage in other paying jobs outside their
primary employer’s working hours, such as during annual leave, off days,
public holidays, or weekends, particularly in the modern digital age.
Case Analysis:
However,
in this case, the Claimant consistently clocked in at the Respondent’s
premises from 8:00 am to 5:00 pm on workdays.
The Claimant did not clarify when he performed his other two jobs. The court found that working full-time for the Respondent while also receiving salaries from other employers strongly suggested that the Respondent’s time and resources may have been used for the benefit of other employers.
It also
indicated a lack of full commitment to the Respondent, as it would not
be humanly possible to dedicate 100% effort to multiple employers
simultaneously.
Court's Findings:
While the court recognized the possibility of managing multiple jobs in the digital era, it gave weight to the employer’s concerns, especially given the Claimant’s failure to specify when he performed his additional work.
The Claimant admitted to providing supervision, consultation, and research services for MKU and Methodist Universities while employed by the Respondent.
Based on this admission, the court ruled that the Respondent had valid grounds for termination.
To download the full case: Click Here
No comments:
Post a Comment