“That’s Not My Job!” – When Vague Job Duties Lead to Unfair Dismissal
Being dismissed for failing to meet expectations is one thing. But what if the expectations were never clear to begin with? In many unfair dismissal cases, a key issue is not just whether the employee performed their job well, but whether the job itself was clearly defined at all.
Some employees are dismissed for "underperformance" when the real issue is this: they were never told what success in the role actually looked like. Duties might have shifted without discussion. New systems or expectations may have been imposed without support or proper training. In some cases, employees are expected to take on entirely new functions under vague directions like “just do what’s needed”. This type of setup often leads to confusion. Worse, it can give employers a broad excuse to label someone as incompetent when they simply weren't given a fair shot.
When the Fair Work Commission considers whether a dismissal was harsh, unjust or unreasonable one factor is whether the employee was warned about poor performance and given a reasonable opportunity to improve. But if the performance concerns relate to tasks outside the employee’s original role, or expectations that were never made clear, the fairness of that dismissal comes into question.
Consider this example. An admin assistant is suddenly expected to manage social media and project schedules without training, support, or prior agreement. They struggle and are then told they’re “not a team player” or “not performing”. When they’re dismissed, it’s framed as a performance issue – but the reality is more complex.
If this employee lodges an unfair dismissal claim, the Commission may look at:
What duties were in their contract or job description
Whether the new tasks were reasonable
If they were given clear instructions or expectations
Whether they had a chance to upskill or raise concerns
Pushing employees into unclear roles without proper support can cross the line into unfairness – especially when followed by performance warnings based on tasks they weren’t hired to do. It becomes even more problematic if the shift in duties is being used to manage someone out of the business.
What You Can Do
If you’re being criticised for things outside your job scope:
Request clarification in writing. Ask for a clear position description and KPI expectations.
Keep records of any emails or meetings where new duties were assigned or concerns were raised.
Speak up early if expectations change or you’re being asked to perform tasks beyond your expertise.
Seek advice if you feel a performance process is being used unfairly or without proper context.
And if you are dismissed under these circumstances, you may have grounds to challenge it before the Fair Work Commission – especially if the dismissal followed vague warnings or role changes that were never agreed to.
