Other Employment and Conflict of Interest
The Other Employment policy and guidelines complements the Conflict of Interest Policy and provides comprehensive advice and detailed information on how to manage conflict of interest in relation to other employment.
School leaders are encouraged to familiarise themselves with these policies and ensure that staff are informed of the relevant requirements. It is considered best practice to review these policies at the beginning of each year, highlighting the following key requirements to staff:
“Full-time employees require express permission to engage in any paid employment outside the department or their school or engage in the conduct of a business, profession or trade. Part-time employees may not engage in paid employment outside the department or their school that conflicts with the proper performance of the employee’s duties.
Employees may only engage in other employment where the activity does not conflict with their role as a department employee...’
Extract: DE Other Employment Policy: Overview
On the matter of other employment, members frequently contact us seeking clarification on the release of teachers to work in other school sectors (Catholic, Independent, and Private) and how this aligns with the Other Employment policy.
Our advice to members is to take into consideration and apply these key elements:
Leave Without Pay (LWoP) request should be submitted in writing outlining reasoning for the request. If reasoning is not provided, it is recommended that you seek clarity/reasoning for the request.
If the LWoP request is to engage in other work, then a request to engage in other employment must be submitted by completing the Other Employment Application Form.
In considering leave requests and application to engage in other employment, the Department has set criteria that is to be considered and given due consideration when determining whether or not to approve the leave request. The criteria are available here.
If the Other Employment Application is to engage in work outside of the government sector, there are grounds to refuse the request on the basis of:
The employee has access to departmental information sources not available to the public that are of relevance to the employer.
There is potential, without official permission, for using the department’s intellectual property with an outside employer.
Leave Without Pay (LWoP) can be granted to staff for various reasons, including family commitments, travel, or personal pursuits. However, during a period of approved leave, an employee may seek employment outside the Department or school without approval and endorsement. To prevent this, when responding to requests for leave, please ensure that you state the following (or similar):
The Department of Education has established policy and guidance regarding other employment, including during periods of leave. Relevant information can be found here and any request to undertake work outside of the department or our school, must be submitted in writing for consideration.
Finally, be careful about setting precedence. If you follow Department policy and guidelines, you ensure consistency, fairness and compliance while minimising the risk of future disputes and grievances.