OnlyFans risk for bosses

The modern dilemma of hiring someone with an OnlyFans account is increasingly fraught with legal issues including potential sexual harassment claims.

The modern dilemma of hiring someone with a risque side hustle is coming home to roost for employers. Brisbane employment lawyer Jonathan Mamaril has warned that businesses need to strengthen their contract and policy provisions or risk dealing with the complications of employing someone with something like an OnlyFans account.

OnlyFans has 187.9 million users globally, of which 2.1 million are content creators who can charge subscriptions for “private material.”

Newcastle woman Annie Knight, 26, recently revealed she was fired from her corporate job after her boss uncovered her secret OnlyFans account.

In Knight’s case, she didn’t ask for permission from the company to run the side business and “had online pornographic images of myself and crude language that was against company rules.” She did not fight her dismissal.

Mamaril, director of NB Employment Law, says a recent decision by the Fair Work Commission established some clear guidelines for ‘professional’ occupations including accountants, lawyers, doctors, psychologists and teachers.

However, he warns it is a fifty shades of grey in relation to hospitality and retail workers and potentially construction, given an OnlyFans account does not directly impact their ability to perform their role. Mamaril says businesses therefore must tread carefully and with respect if they discover an employee has a risqué side hustle.

OnlyFans has 187.9 million users globally

“If handled poorly, businesses could find themselves slapped with an unfair dismissal claim or worse,” he says. “They also run the risk of sexual harassment claims if they share knowledge of the account or pictures of the employee.”

Mamaril says there are some simple steps businesses can take prior to offering an employment contract, which will help assess a candidate’s suitability for the role and any racy side hustle conflicts. Contract and policy provisions should be strengthened to require an employee to seek permission to work a second job, he says.

“The contract should also outline the implications of secondary employment, including explicit side hustles, which have the potential to cause harm or reputational damage to a business. Having clear rules and expectations is very important,” he says.

The bottom line is that an employee’s employment may be validly terminated because of out-of-hours conduct, including establishing an OnlyFans account. But it must be likely to cause serious damage to the relationship between the employer and employee or damage the company’s interests. Recent data released by the Australian Bureau of Statistics revealed 958,000 Australians work more than one job.

Coal milestone

New Hope Group’s New Acland Mine has achieved another major milestone, with the first trainload from its recently opened stage three leaving the Jondaryan Rail Loadout Facility.

The coal shipment comes a month after New Hope extracted first coal from the expanded mining area. That followed the Oakey Coal Action Alliance’s (OCAA) decision to withdraw its stay application, providing certainty to the ramp-up plan.

New Acland Mine general manager Dave O’Dwyer says the first trainload of stage three coal is a big moment for the site’s 100 plus workers. “It was 16 years in the making and saw a 42-wagon train depart Jondaryan on Monday,” O’Dwyer says.

“It was another important milestone and ratifies the sustained efforts of so many workers, landholders, business owners and community leaders, who stood beside New Hope Group as we secured the necessary approvals from the Queensland Government.”