I have a coworker who has 2 part-time contracts with with different employers doing the exact same job (perfectly legit and not a physically demanding job ) . The days and times are regular for both jobs every week. They have been claiming sick/stress leave for over a month from my employer after being required to face substantiated disciplinary action over their bullying behaviour - ironic because the damaged victims have continued to attend work or only had short absences to recover. It has meant that everyone else in the department, including the bullying victims, have had to pick up extra workload to cover for the absence. I believe the employee still has several months worth of sick leave banked from previous years and I suspect they are using it up and may then just quit rather than face the disciplinary actions. In the meantime, their job cannot be filled and the rest of the team are left with extra work.
I've just discovered that this person has been continuing to work at their other job and has increased their workload there so that some of the days are highly likely (but not 100% certain) on rostered days that she should be working at my employer, but is receiving sick pay. This is highly unethical, but is it prohibited in standard employment contracts/policies or law? I can't find any reference to this prohibition in our workplace policies, or even any reference to general workplace sick-leave abuse (chucking a fake sickie). Policies state that you can't work elsewhere while on long service leave and you must gain permission from the CEO before working elsewhere while on annual leave, but nothing about sick leave. I suspect this may even be fraudulent.
My questions are:
1. Is it a case of fraud to receive sick pay from one employer while working the on the same day for another employer?
2. Does it change if the employee is signed off on paid sick leave for an extended period by one employer but works the exact same job for a different employer on un-rostered days during that time.
3. What do you suggest is the best approach to bring this to the attention of HR considering I cannot prove it ? I don't want to appear to be vindictive. I heard it via word of mouth from a friend who works at the other employer and I don't want to use her name. (It is a small regional town).
I've just discovered that this person has been continuing to work at their other job and has increased their workload there so that some of the days are highly likely (but not 100% certain) on rostered days that she should be working at my employer, but is receiving sick pay. This is highly unethical, but is it prohibited in standard employment contracts/policies or law? I can't find any reference to this prohibition in our workplace policies, or even any reference to general workplace sick-leave abuse (chucking a fake sickie). Policies state that you can't work elsewhere while on long service leave and you must gain permission from the CEO before working elsewhere while on annual leave, but nothing about sick leave. I suspect this may even be fraudulent.
My questions are:
1. Is it a case of fraud to receive sick pay from one employer while working the on the same day for another employer?
2. Does it change if the employee is signed off on paid sick leave for an extended period by one employer but works the exact same job for a different employer on un-rostered days during that time.
3. What do you suggest is the best approach to bring this to the attention of HR considering I cannot prove it ? I don't want to appear to be vindictive. I heard it via word of mouth from a friend who works at the other employer and I don't want to use her name. (It is a small regional town).
