[Genie]

I'm currently employed by a Primary Health Organisation and am setting up my private counselling/psychotherapy practice, outside of my full time contracted hours.

I've been told that without my PHOs permission, under NZ law I cannot offer my counselling service. This is due to their having a say in my health and safety and having a second job outside of my contract. There is nothing in my contract of employment to support this though.

Would anyone know if this is actually correct in NZ by any chance? Can't help but think it's a bit odd, and where do they draw the line? Am I allowed to go swimming with sharks then?:D

Incidentally, I work as a coordinator for the PHO, and counsel a maximum of 7.5 patients per week, so ethically would be able to work with another 12.5 if I wanted to.

Well I did warn you it was a tricky one ;)

[JandM]

It IS a tricky one. (How much confidence do you have in whoever told you this gem? They're not just jealous of your enterprise, are they?) Do you/does anyone know a contract lawyer in NZ? I have a feeling this isn't going to be one of those things resolvable by looking at a website.

[Elainep]

Do they have regulations in NZ similar to the UK's/European working time directive? i.e. where you have to stick to a number of hours per week?

Or could there be something hidden in your contract OR the terms and conditions OR Rights & Responsibilities that they gave you when you started, about seeking outside work or having outside business interests?

With my job in the UK I had to seek permission to carry on a part time business and had to prove that it wasn't in direct competition with my main job and that there wasn't a conflict of interest.

Can you ask your manager? I'm guessing that it wouldn't be practical/ethical for you to start your own business 'on the side' without them knowing, so do you have anything to lose by raising the issue with him/her?

Or can you check with your HR dept?