Cyber-bullying could be considered work-related bullying even if it doesn't occur while an employee is performing their duties, a hearing has been told.
The full bench of the Fair Work Commission has reserved its decision on whether it will hear an alleged Melbourne workplace bullying matter, which could evolve into a national test case.
Three alleged victims have applied for stop bullying orders against the Maritime Union of Australia (MUA) and port operator DP World.
A hearing in Melbourne on Thursday considered what being "at work" means under federal workplace bullying laws which came into effect in January.
Workplace cyber-bullying was also discussed, though allegations made by the three employees were not aired.
Barrister for the alleged victims, Mark Rinaldi, said the content of a social media post could deem it work-related bullying, regardless of whether it happened while a person was physically at work.
"It's a question of the context and the character of it," he said.
"If it relates to the employment... that doesn't take it out of being at work."
DP World barrister Rob O'Neill said issues that arose during private activities at a workplace, such as a person checking their own Facebook page, shouldn't be considered.
He said it was dependent on whether a worker was required to use social media as part of their duties.
"If the person is at work, but the activity is inherently private, then that falls outside the provision," Mr O'Neill said.
MUA barrister Yasser Bakri said the real dispute in the case was the meaning of "at work", which he suggested was when a person was performing labour.
Representatives for the Australian Chamber of Commerce and Industry and the Australian Industry Group also appeared at the hearing.
Federal bullying laws enable victims to take their cases to the Fair Work Commission, which can hold mediations and make orders to prevent bullying.
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