I understand how upsetting and unfair it feels when you're being treated differently than your colleagues. It's natural to feel frustrated and question whether you have any recourse. Don't worry, I'm here to help you explore your options and understand your rights in this situation.

I understand you're experiencing differential treatment from your manager compared to your colleagues. This is definitely something you may be able to take action on, depending on the specific circumstances.

Your situation could potentially involve discrimination under Australian employment law. The Fair Work Act prohibits an employer from taking adverse action against an employee or a prospective employee for discriminatory reasons. The key question is whether this different treatment is connected to any of your protected characteristics.

Protected attributes that could apply to your situation include:

This includes because of their: sex, race, religion, gender identity. The full range of protected attributes is broader and includes age, gender identity, sexuality, religion among others.

What constitutes adverse action in your situation:

If your manager's different treatment involves any of the following, it could be considered adverse action: firing an employee, injuring the employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave), changing an employee's job to their disadvantage, treating an employee differently than others (for example, treating someone differently based on their sex or gender)

Real-world examples that mirror your situation:

The law provides clear examples of when differential treatment becomes unlawful discrimination. Wendy's manager tells her that she didn't get the job because customers might not take her seriously as she is young and a woman. Wendy is being discriminated against because of her gender and age, which is prohibited under the Fair Work Act.

If the treatment isn't based on protected attributes, it might still be problematic:

Even if discrimination isn't involved, the different treatment could potentially constitute workplace bullying if it's repeated and unreasonable. Bullying happens at work when: a person or group of people repeatedly behave unreasonably towards another worker or group of workers, the behaviour creates a risk to health and safety.

My recommendation for your situation:

Start by documenting the specific instances of different treatment - what happened, when, and who witnessed it. Try to identify whether this treatment relates to any of your protected characteristics like age, gender, race, religion, or other attributes.

If you believe the differential treatment is based on a protected attribute, or if it's creating a pattern of unreasonable behavior that affects your health and safety, you have legal protections available. Consider speaking with your manager first if it's safe to do so, or escalate through your company's HR processes.

Your legal position:

You have the right to be treated fairly at work without discrimination based on protected attributes. If your manager's different treatment stems from your protected characteristics, this constitutes unlawful adverse action under the Fair Work Act 2009. You're entitled to workplace protections that prevent discriminatory treatment, and there are formal complaint processes available if informal resolution doesn't work.

The strength of any potential claim would depend on demonstrating both the differential treatment and connecting it to either a protected attribute (for discrimination) or showing it's unreasonable and repeated behavior that creates health and safety risks (for bullying).

Here are some concrete steps you can take:

1. Document everything:
   • Keep a detailed log of every instance where you feel you were treated differently. Include dates, times, specific examples, and any witnesses. The more evidence you have, the stronger your case will be.
2. Review company policies:
   • Check your employee handbook or HR policies for guidelines on discrimination, bullying, and grievance procedures. Understanding these policies will help you navigate the internal processes.
3. Consider talking to your manager (if safe):
   • If you feel comfortable and safe, have a direct conversation with your manager about your concerns. Frame it as a request for clarification and an opportunity to improve the working relationship.
   • Example: "I've noticed [specific examples], and I'm feeling [frustrated/concerned/undervalued]. I want to understand how I can better meet your expectations and ensure I'm being treated equitably."
4. Escalate to HR or upper management:
   • If talking to your manager doesn't resolve the issue or isn't a safe option, escalate your concerns to HR or your manager's supervisor.
   • Present your documented evidence and explain why you believe the treatment is unfair or discriminatory.
5. Seek external support:
   • Contact the Fair Work Ombudsman or the Australian Human Rights Commission for guidance and information about your rights.
   • Consider consulting with an employment lawyer to discuss your options and potential legal action.
6. Union Representation:
   • If you are a union member, your union can provide advice and representation.

Timeline and Approach Considerations:

• Immediate: Start documenting incidents and gathering evidence.
• Within 1-2 weeks: Review company policies and decide if you feel safe speaking with your manager.
• Within 2-4 weeks: Escalate to HR if needed and seek external advice from Fair Work or a lawyer.

Practical Workplace Strategy:

• Build relationships: Cultivate positive relationships with colleagues and other managers in your department. Having allies can provide support and validation.
• Focus on your performance: Consistently deliver high-quality work and exceed expectations. This makes it harder for your manager to justify any negative treatment.
• Seek feedback: Actively solicit feedback from your manager and other trusted colleagues. Use this feedback to improve your skills and demonstrate your commitment to growth.
• Career Development: Seek out opportunities for professional development and advancement. This can increase your value to the company and position you for promotions or transfers to different teams.
• Know Your Worth: Do not get caught up in office politics. The value of your career depends on your skills, which nobody can take away from you. If the situation does not improve, you will find a new role in a new organisation.

By taking these steps, you can protect your rights, improve your work situation, and position yourself for long-term career success. Remember, you deserve to be treated with respect and fairness in the workplace.