Can my boss fire me if I take a side job to pay off my debts?

The situation

I am currently working as a Commissioner for a human rights body here in Australia, and I am feeling quite stressed about my financial situation. Over the last six months, I have struggled to keep up with my mortgage and credit card payments, and I have recently had to start a formal process to deal with my mounting debts. Because of this, I am worried about my job security. To make matters worse, I have been offered a part-time consulting gig on weekends that pays about $800 per week, which would really help me manage my finances. However, I haven't mentioned this extra work to the Minister yet because I wasn't sure if it was allowed. I also had a period last year where I was unwell and missed about 15 days of work in a single stretch, though I was on a medical certificate for most of it. I have already checked my standard employment contract, but it doesn't explicitly say what happens if I take on outside work or if my personal bankruptcy issues affect my role. I am unsure if the Governor-General has the power to remove me from my position just because I am struggling with insolvency or because I started this extra paid employment without getting prior permission from the Minister.

Detailed Analysis

Your role as a Commissioner is subject to strict rules regarding outside work and financial stability. Regarding your proposed $800 per week consulting gig, the law states that the Commissioner "shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of Commissioner"^[1]. This means that if you start this weekend work without getting permission from the Minister first, the Governor-General is required to end your appointment^[1].

Regarding your financial situation, your job security is also at risk due to the formal debt process you have started. The law provides that the Governor-General "shall terminate the appointment of the Commissioner if the Commissioner: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors..."^[1]. Because you mentioned you have started a "formal process to deal with my mounting debts," this may trigger a mandatory removal from your position if that process falls under the categories of bankruptcy or debt relief laws mentioned above.

Finally, your previous absence of 15 days might be a concern if it was not officially recorded as leave. The law requires termination if a Commissioner is "absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months"^[1]. Since you were on a medical certificate, this depends on whether that period was officially classified as a "leave of absence."

It is unsettled whether your specific debt management process qualifies as "applying to take the benefit of any law for the relief of bankrupt or insolvent debtors," as this depends on the specific legal nature of the formal process you have entered.

Statutory Citations

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