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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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My question is about employment law I have had an performance

Customer Question

my question is about employment law
I have had an performance review which i had excellent feed back from my boss however an person outside of my team has a personal issue with me and has influenced the pay side of the review and i have not received a pay rise even though my role has change and my title. the same person is bullying me writing negative emails to me. do i have any rights?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Patrick H. replied 2 years ago.
Hello and thank you for your question.
Unfortunately, unless your contract stipulates that you are entitled to a pay rise, then legally your employer is not obliged to give you one.
However, if you are meeting the employers expectations and they are giving you positive work reviews, and they are giving other workers with similar performance pay rises, then their failure to give you a pay rise may suggest that some form of discrimination is at play and/or may support your belief that you are being bullied.
Most workers are covered by the Fair Work Act unless they are state government employees, and as such may have recourse to the Fair Work Commission for discriminatory or bullying behaviour, and if necessary can seek orders from the Fair Work Commission to stop bullying or discrimination, and you can read more on this option here:
If you take action through the commission and your employer responds by sacking you or disciplining you for taking such action, then they will be commiting an offence that will allow you to take further action, such as unfair dismissal action.
There may be other options, particularly in relation to matters that appear discriminatory, however, if you are a member of a union, I would strongly recommend you contact them to seek some more specific advice on your situation as they will usually offer free advice to their members and will have the advantage of being familiar with your industry and any complexities that attach to it, and in some cases may be willing to intervene directly.
Regardless of whether you do ultimately decide to take any action at this time, I would strongly recommend you keep a diary and record of any bullying behaviour and or communications as this may help you establish your case if action is required down the track, and may prove helpful in proving patterns of poor behaviour by your employer or other staff.
I trust the above assists your understanding.
Good luck and please rate my answer.