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Yes, my English skill is not any problem for my working. My employer and all other staff recognized my good works and achievements. Unfortunately, only my manager dislike my English and make me hard to work under his management.
When I asked him why I could not have a chance to position promotion to a next level. He lied to me that the organization no need that level job for my role. In fact, I already done a lot of job in that level. They secretly employ another staff in that level without any job advertisement and application.
Not only this, they give my job to external company and paid that job as high as $40,000/month. They found a contract staff to do my job and paid that job as high as $200/hour. I worked very well for those works and only be paid $35/hour. I complain that is unfair to me. However, they said that is no unfair because they are external company and contract staff.
It is obviously they treated me unfairly. Now the key issue is how I prove that the unfair treatment is related to the racial discrimination. I already have the evidence that my manager said my speaking English is not good and he advised me resign my job.
Another evidence is that they do not give me a chance of position promotion as other staff. There are six staff had obtained position promotion. Comparing with them, I worked longest for the organization, have highest professional qualification, did more works and projects than them. The only weakness of me is that my speaking English is not good as them because I am a Chinese Australian who immigrated to Australian ten years ago.
You are great and big help to me.
Yes, I already collect most evidence to support the claim, including emails, documents of performance review and plan, the name of staff who obtained position promotion, company and contract staff who replaced my works, etc.
Based on above statement and evidence, how do you think if I could win the case.
Yes, we already had a mediation and they agreed to give me $5000 compensation. However, I refused that offer. I think that is not enough to cover my loss. When I made formal complain to them, they cheated me and even bullied me by a lot of abnormal ways that hurt me too much. I have to resign my job because I could not endure their unfair treatment. My health is also hurt by the discrimination. I could not sleep normally and concentrated to my work due to the bad mental status.
But at moment, I am not sure if I could win the case. If I lost the case, I have to pay the legal fee to them. So I am hesitating if I will continue the claim to the court.
Sometimes I want to give up the claim because I am too weak to against them. But sometimes I still want to fight with them and expose the misconducts and unlawful actions of them to the public. They are not a private company, but an state government agency.