How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5403
Experience:  Dip Law LPAB - Sydney based lawyer
61534878
Type Your Australia Law Question Here...
Patrick H. is online now
A new question is answered every 9 seconds

I had a question in regards to wage discrimination. More

Customer Question

Hi, I had a question in regards ***** ***** discrimination. More speficially I feel less experienced and equally experienced employee's have had wage increases but may pay is never adjusted on par with the same responsibilities abd performance as my colleagus. I
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: What can i do about it?I dont think my employer is being thruthful. In NSW
JA: Have you talked to a lawyer yet?
Customer: No I dont have the funds to speak to a lawyer. Would you have any recommendations to seek legal advice if you have limited funds?
JA: Anything else you think the lawyer should know?
Customer: Im not sure where i stand or what i should do
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Patrick H. replied 8 months ago.

It might be possible to argue bullying if you are being treated differently to other workers in order to humiliate you or punish you for something illegitimate, and this could apply to situations where you are unfairly excluded from consideration for promotional opportunities, etc. It may amount to discrimination if you are being treated differently for reasons of race, religion, etc.

You can read more about bullying and discrimination here:

https://www.fairwork.gov.au/employee-entitlements/bullying-and-harassment

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/workplace-discrimination

However, such claims can be difficult to prove unless you can show a pattern of behavior and its intent. To that end you should keep a diary of any matters that support your suspicions and if possible keep copies of any communications or emails you receive that indicate the occurrence of such behavior and the motivations behind it. It may also be helpful to query in writing with your employer/manager why others seem to be getting preferential treatment. Their responses to such questions can be very informative as to their motivations and if the motivations are improper, such a question can sometimes evoke a response which confirms such suspicions.

If you can gather compelling evidence that your boss is treating you unfairly then you might have the basis for pursuing action either before the Fair Work Commission or a court, but you have to understand that your case needs to be compelling to have a good chance of succeeding, and that either way you will likely be damaging your relationship with your employer once you take such action, and if unsuccessful, it may lead to your termination.

I trust the above assists your understanding.

Good luck and please rate my answer.

Patrick