The Fair Work Commission has rejected an application under sec 789FC of the Fair Work Act for an anti bullying order brought by an employee who complained of bullying when he was instructed to carry out a project which was not expressly within his position description. Commissioner Cloghan, who sits in Perth, held that it was not unreasonable for an employee to be asked to perform a function which might not necessarily be covered by his PD observing that it is not uncommon for position descriptions to be “couched in general terms and not contain each and every current or projected task to be undertaken”, also pointing out that the particular PD contained “no mention of specific projects”.
In rejecting the application for the Commission to become involved Commissioner Cloghan determined that “it is not sustainable for employees to say that a task is beyond their skill level and if the Employer does not agree, allege that it is workplace bullying. Such a situation would be tantamount to the Commission endorsing a one sided self determining premise as bullying in the workplace.”
Re Tao Sun (2014) FWC 3839 delivered on 16 June 2014