thread: Is this illegal - Do i have a case

  1. #1
    Registered User

    Aug 2006
    Adelaide Australia
    763

    Angry Is this illegal - Do i have a case

    Hi,

    Ok i had a baby last june i took 3 months inclusive then i started working a home/office combo upto 30 hours a week - Im a Business Support Manager for a defence company, i came back to a part time position of 30 hours in office a week nothing from home in June this year, we do the salary reviews in June and you get your pay rise in july.

    They said to me that the reason i only got 1500 was due to the amount i was working last year, Well is been made aware to me that the other BSM's in our head office - whose job description is the same as mine, 1 got 2500 and the other 5000...

    Do you think i have a discrimination case due to the fact that i was on maternity leave last year.

    Also i am the longest serving BSM in the company and im being paid the 2nd to lowest out of 4 of us.

  2. #2
    BellyBelly Member

    Oct 2004
    Cairns QLD
    5,471

    Sounds fishy to me, I would at least be lookin ginto it further. GL

  3. #3
    Registered User

    Nov 2006
    Somewhere Over The Rainbow
    3,094

    I hope you are in the union relative to your position - I'd be giving them a call.

  4. #4
    Registered User
    Add Kazbah on Facebook Follow Kazbah On Twitter

    Sep 2006
    Dandy Ranges ;)
    7,526

    I had something similar happen to me, they said it was "as I didn't work the whole year and its rated over a year". but I only was @ work for the last quarter of the year!!

    I'd be asking for the ratings you had, and justifications as to why that figure matches your performance. I know its hard, but start with keeping the mat leave out of it - it was only what, 2 months into the last financial year, and really, people go on leave for that amount of time often. Start with doing a "review" of your work, and see if their review matches yours. The amount of time you've been working doing a job is unfortunately not a reason for a higher $$$ figure, but the quality of your work is.

  5. #5
    Registered User

    Aug 2006
    Adelaide Australia
    763

    I also have emails as to how "FANTASTIC" my work had been while doing remote BSM for Sydney & melbourne whilst living in Adelaide which was from November last year to March this year. Ive printed those out.


    Im scared to say anything but its getting to me so i am going to call EOWA and get some advice.

    Thansk Ladies.

  6. #6
    Registered User

    Apr 2008
    Melbourne
    6,745

    If you don't get any joy from EOWA try HREOC - Human Rights and Equal Opportunity Commission. They should be able to give you some advice. It is illegal to pass someone over for promotion due to parental leave so I would assume that the pay increase would be similar, especially seeing that you only took 3 months (which would be equivalent to some people's Long Service Leave). Definitely look into it further because it doesn't sound right to me.

  7. #7
    Registered User

    Jan 2008
    In a land of bubbles and trouble
    1,479

    Were you working full-time prior to mat leave?
    Are the other BSM's full-time?
    What is considered full-time in your org?
    Is the increase pro-rata - or was yours 2500 on top of normal fulltime wage or part-time wage?

    Check these things out first hun.

    Recently with performance pay for my level in my industry for performance of Excellent $6000 was given. Now even though no-one does my job when I am not there (29 hours per week) - my bonus was still pro-rata which thought unfair as it was a full-time position before I started, and a full-timer coming into replace me too But all legal

    Good luck

  8. #8
    Registered User

    Aug 2006
    Adelaide Australia
    763

    I was fulltime prior to leave

    yes the other BSM's are still fulltime - im now partime 30 hours per week

    Fulltime is 40 hours per week

    the increase was 1500 ontop of what my fulltime salary is.

    Its a compliacted one - i havent had a chance to make my call to EOWA yet ...

    and im scared to start waves coz i am currently pregnant again and due to go back on maternity leave in September and we get 6 weeks paid maternity - i also think this may have contributed to the low salary review compared to the other girls.

  9. #9
    Registered User
    Add DANNIIM on Facebook

    Sep 2007
    Northern - WA
    1,786

    I probaby wouldn't complain if you are being paid a full time wage and doing only the 30hrs, thats if i read that right, please correct me if that is wrong!
    Another thing is the other girls are still working full time as well, i know how hard it is when you feel as though you have put in so much effort and you get such a little reward for it. I currently started up a business and another girl has just come in and is on such a bigger wage than me, which really ****ed me off but now they have decided to pay me 6 months maternity leave which leaves me in the end in a better positon financially than the other girl anyway and so it should. I would suggest think through it all first before making any waves as you said cause sometimes it is just not worth it! GL

  10. #10
    Registered User

    Aug 2006
    Adelaide Australia
    763

    No im not being paid full time wage im pro rata 49500k inc super so i get like 37k or something inc super

    Im doing that i dont know what to do - i have since worked out that the other girls are on about 60 - 65k packages .. it just gets worse & worse.. i really dont need the head F&*K right now..ive got 10 weeks till bubs is due, im just really p**sed off about it.