What can an employer do if an employee refuses to take on additional tasks?
If an employer seeks to direct an employee to undertake tasks then the employer must ensure that the tasks are within the scope of the relevant employment contract.
An employer cannot lawfully direct an employee to perform tasks outside of the scope of their employment contract. In extreme cases, requiring the employee to undertake tasks outside of their current position may repudiate their contract of employment allowing the employee to leave their employment and claim for breach of contract or unfair dismissal.
Moreover, if the additional tasks are unduly onerous or significantly above or below the employee’s capability, then requiring the employee to undertake them may be bullying or a breach of work health and safety legislation and may increase the risk of a workers’ compensation claim.
However, if an employee refuses to perform additional tasks and they are within the scope of the employee’s current position, their refusal to take on the tasks may be a refusal to obey a lawful and reasonable direction. The employer may therefore implement appropriate disciplinary procedures and issue a disciplinary outcome to the employee.
Ideally, the employer should introduce any additional tasks in a way that motivates the employee to accept them. It may help to highlight the benefits of the additional tasks to the employee, which may include skill development, potential for career growth and being seen as a strong contributor to the team.
It may also help to consult with the employee and to give them an opportunity to have their say (even though consultation does not require the employer to reach agreement with the employee).
If an award or enterprise agreement applies to the employee, the employer should ensure that the additional tasks are within the employee’s current classification. If they fall within a higher classification, the employee may be entitled to a higher rate of pay or higher duties allowances, depending on the terms of the applicable award or enterprise agreement.
Employment contracts for all employees should contain a clause that allows the employer to allocate to the employee other duties within the employee’s skills and experience.
For more information and tailored advice about how to respond to a refusal by an employee to take on additional tasks, members can call the Ai Group Workplace Advice Line on 1300 55 66 77.
