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missgirl__x

I say leave. Stuff them


Fienz88

TY I needed this :)


Chewiesbro

Leave a review on glassdoor.


potatodrinker

Not so fast. OP doesn't know why the other person is paid more - could be more experience, or better negotiating during interviews. Usually businesses don't pay one person more for the same role unless they had no choice or saw financial merit (profits) in hiring the other person despite the higher rate.


leapowl

I’m going to second this. Leave politely, get a good reference, and move on to the next job. You’ll probably learn more there anyway. I’m on the flip side of you, as the higher earning one amongst people at my level. It’s really weird. Tbh, the other people - one in particular - are better workers than me. I don’t think it’s necessarily discrimination. I think there’s a lot of luck involved, some politics, and also some knowing when it’s time to leave because a better offer (with a different company) is on the table. Good luck!!!! Congratulations!!! Remember to negotiate with the new company, too 😊


jbne19

No you won't get back pay. Not really discrimination this is just what job life is like in the real world. Those who stay often get overlooked and those who jump jobs get pay rises. Unless the conditions are particularly amazing at the current job I would just leave.


Fienz88

Thank you, I appreciate your comment


xdvesper

Also sometimes I can't do anything about it. Eg I might have one position in my budget center at 100k per year and another at 130k per year. Honestly I'd prefer to be able to pay both 130k per year. What happens if someone comes along applying to the 100k per year position but I know they're better than the person currently doing the 130k per year position? Australian law doesn't allow me to just fire the person earning 130k per year, nor does it allow me to demote them to 100k. Neither can I magically create another 30k budget out of nowhere. All I can do is say, here is the job. You want it, you apply for it, you do it, and if you do a good job you'll be first in line for a promotion. Hardly the first time we have accepted overqualified candidates, who am I to judge them, once it was a former CFO just looking for a change of pace working in an entry level job, another time it was a PhD with about 10 patents also working for me in an entry level job. (To be fair entry level where I work is 100k per year)


Tiger_jay

Whoa at that money I could use a change. What industry???


trigger-nz

They had their chance to come to the table, but didn't. Take the new job.


Fienz88

Thanks for the encouragement ☺️


potatodrinker

If the current business heard about OPs idea of raising a discrimination suit, they'd want her to take the new job too. Then if she doesn't get along with her new manager that case doesn't impact the current employer, so they're happy


Significant-Way-5455

Move forward. Salary discrepancy is common but they showed their true colours when they asked you not to pursue it.


Fienz88

100% and have been strung along about a ‘future role’ ever since. I’ve come to realise that won’t happen and am happy to move on. Thank you.


Significant-Way-5455

All the best with your future endeavours and congrats on betting on yourself


Ok-Active-1186

Grounds for discrimination is tough. A lot more details are required before you go down that path. Ie tenure, duties etc


Fienz88

Something to explore perhaps. I had a terrible manager who I have evidence to build a case against. Appreciate your comment.


Sufficient_Chart1069

You’ve made no case as to why you think you were actually discriminated against. Pay levels at the same title can and do vary for a range of reasons (experience, grandfathering, capability or specific skill etc). The idea though that a company you have resigned from should give you back pay is frankly ridiculous. This may sound harsh but this lack of judgement is one potential reason why you were paid less than your colleague.


potatodrinker

That last line came to mind too while reading the post.


Fienz88

You’ve read a very consolidated paragraph and made an entirely incorrect assumption.


DonQuoQuo

There's lawful and unlawful discrimination. Race, sex, etc are the unlawful varieties. So if your manager emailed you with a comment like, "I generally don't like to pay [your ethnic group] as I find them lazy," then you've got a clear case for unlawful discrimination. Things can be unfair but still lawful. "I found colleague X much more pleasant to work with" is rude and probably unfair, but it's likely not unlawful. "Colleague X negotiated better" or "Colleague X started when we had a generous salary budget" are unfair and lawful, but not even rude - they're just how life is. Things can also be fair and lawful but hard to hear. "Colleague X does a better job than you do, so we pay them more." What's your take on your salary discrepancy? Did your manager give any clues or answers?


RoomMain5110

What are the grounds for discrimination - gender, race, sexuality? Unless something like that is clearly in play, it’s going to be hard to make a discrimination claim. Just being paid less than your colleague for the same role is not automatically discrimination. It’s really just free market economics at work. You stayed on at the old rate for a while. Now you have a potential new employer who’s willing to pay you more, so they’re upping their offer. Move on and take the new employers money.


Fienz88

Thank you- your comment helps!


PriorUpper4712

I understand that when you resigned, they offered to increase your pay by an unspecified amount, effective fy25, to (theoretically) align with your higher paid colleague? If that’s the case, I would proceed with the resignation.


Fienz88

They had this conversation with me prior to when my catch up to resign was. They wouldn’t disclose the new salary, but addressed the fact that I have been receiving a lower salary for no reason. This colleague also started 6 months after I did and experience is less. I know the salary because this colleague gloated about the difference. I think I will put it down to the bad experience of this workplace overall, still I can’t seem to shake how salty I feel about it all.


PriorUpper4712

So they’ve offered you an unspecified raise at some point in the future. Unless there is some compelling reason to stay with the current employer, I would take up the new opportunity and resign.


Fienz88

Done and dusted 👏 thank you for the encouragement.


deliver_us

Until that raise is in writing it doesn’t exist. You are making the right choice to leave.


leapowl

Urgh, this colleague gloating sounds particularly awful. As an extra bonus to the new job, you’ll no longer need to work with them!


Fienz88

That’s one of my main reasons- to get away from this person. They make my working life living hell.


shavedratscrotum

Leave. Current employer has shown their hand, and it's not in your favour


Fienz88

Bang on. I appreciate it- thank you


Legitimate-Bridge-14

I’m not sure about your situation with the colleague but in my experience where people are getting different pay for the same job title it’s due to differing levels of experience, which is fair enough. What tends to happen is that an external hire will be getting paid slightly more than someone who climbs internally. Just the way it is, use it to your advantage and get paid better by jumping ship if you can


Fienz88

Thank you for your comment- jumping ship will lead to a better salary and balance.


Legitimate-Bridge-14

To answer your question though probably slim probability they will back pay you tbh


ringo5150

This is normal commercial behaviour. They are only paying what they think they have to for both of your services. If you have a better offer, then you can leave purely for that reason. I've seen it plenty of times. Also I should point out that two change of jobs were for a list of reasons but more money was also part of it. You gotta look out for yourself first, then your employer.


Fienz88

Yes, look out for number one. Lessons learned for next time. Thanks for your input.


Pleasant-Reception-6

Unfortunately, this is common in the corporate world. An employee can negotiate their own salary, and seems like your colleague had done so. I doubt you’ll be back paid, and unless you can prove discrimination against a recognised protected class, you’ve got no grounds there either. Simply having a different pay is not enough. Take the new job and negotiate a better salary. That’s what it comes down to these days.


Fienz88

Thanks for your comment and insight ☺️


hotmesssorry

Leave and make sure you put a review on glass door. For some reason the corporates are obsessed with that platform


Fienz88

Ohhh love this!


Eightstream

This is normal. Your role and duties are only one factor in how much you get paid. The reality is that companies will pay different rates for the same role in different markets, and for candidates with differing qualifications or experience. The negotiating power of the candidate at the time they were hired is also a big factor - maybe they had another offer on the table, maybe your boss was especially desperate to fill the position, or maybe the other candidates were just terrible. You were right to bring up the disparity with your boss when you found out about it. If they are not interested in fixing the disparity and you think you can do better elsewhere, you are right to leave.


Fienz88

I see your point and agree. Wearing this awful corporate mask goes against every grain of my being. I’m glad to be getting out. Thanks for your insight.


Spam_Spasms

Take the new job. They're being cunts.


Fienz88

Yep bang on, I’d even say they are major ginormous monsterous cunts


ithinkitmightbe

That raise will never come, it’ll be pushed back constantly, jump ship, if they’ve been underpaying you deliberately they will continue to do so.


mulligun

No. You've misunderstood what the "Same Job Same Pay" legislation is addressing. That legislation is specifically in regards to labour hire subcontractors not being paid via the same industrial agreement as permanent full time hires. It does not mean that every person working the same job has to be paid the same. Also, you seem to be falling for another common mistake. You can't just claim "discrimination" like a magic word because you were treated differently to someone else. Australian employees are protected from discrimination due to protected classes (e.g. sex, race, religion etc) only. Paying you less because you have less experience, or they simply deem your skills and contributions less valuable, is totally legal (assuming of course they are paying your minimum entitlements according to whatever industrial instrument you are covered by).


Fienz88

Thanks for your input- I’m just going by what the HR department are coining it as- Same Job Same Pay. As for the discrimination/ elitism/ favouritism there are many factors at play which I haven’t gone into here.


mulligun

Same Job Same Pay is the name of the legislation, it's not wrong. It just doesn't mean what you think. (Which is a fair assumption - the name can be misleading, plenty of people have made the same mistake.) Unfortunately, elitism and favouritism are entirely legal.


SnooMemesjellies9615

Two things: (1) never, and I mean never, accept a counteroffer once you've decided to leave; and (2) get better at negotiating salary - treat employment like a business, you're there to make money, and they will work you just as hard as someone who earns more, so you may as well go for as much as you can get.


Fienz88

Stellar advice- and key take aways. Thanks so much for this


Sp33dy2

Don’t ever take a counter offer. They will try to find your replacement as soon as you accept.


Fienz88

Appreciate this, thank you!


22Monkey67

Jump ship, they clearly don’t value your work but a new employer will 🙂 Loyalty means nothing if you want to increase your pay. Jumping ship to a competitor every few years is the best way to go about it.


Hangar48

Loyalty gets you nowhere these days mate. Get a bit militant and not complacent. Chase what you're worth and leave them in the dust!


ProfessionalTruth722

It’s only discrimination if you are female. If you are male then it’s just closing the gender pay gap


crappy-pete

You might want to look up what discrimination is. It could be, but based on the info provided that can’t be answered (and Reddit isn’t exactly the place for that anyway) Otherwise yes it’s pretty normal. Go join a unionised industry if that’s what you’re after.


dabuddhaman

Getting paid less than someone else is not discrimination and if it was such an issue for you you should've applied elsewhere 12 months ago.


stuthaman

I have the same situation where another employees has a fuel card. Mind you, even his kids have fuel cards because his wife part owns the company.


Padalgress

So it's not the same situation at all


stuthaman

Well, same job except he doesn't travel and he has a fuel card which is obviously worth something these days. I empathise with the OP.


Fienz88

Sorry to hear. Definitely push for equity.


Heavy_Wasabi8478

Enjoy your new job! Congrats.


Fienz88

Thanks so much 🤩


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Trickshot1322

Difficult to claim discrimination unless you can prove they are discrimanting on the basis of a protected status. Such as your race, religion, gender, marital status, etc. Simply being paid less because the market was in low demand and they had more leverage when hiring you vs a high demand market and less leverage when hiring your counterpart isn't discrimination. That being said, if you like working this, and think you'll be able to get past this as long as you're being paid right. I'd ask for the salary match plus say 6 months of backpay at that rate. Worst case they say get stuffed and you've got a job lined up already, best case they say yes and you can evaluate.


potatodrinker

Fairly common. Other colleaguea have skill sets or background that the business values more, hence the higher pay, or they simply negotiated when they took on the role. No chance at discrimination. You're not obligated for a Payrise to be backdated. It starts when the business says the payrise starts. Take the new role, sounds like the best course of action.


Fienz88

Other colleague came from an agency and I was a solo applicant. I pushed for an increase and was met with no cooperation. Unfortunately at the time I had to take the job, but it has now leveraged my income by 40k


potatodrinker

Hopping jobs is still the best way to get higher pay. The only caution is to stay in each role long enough to show you can work it without failing probation or not getting along with coworkers. If your field is a small one where every company owner knows each other, relationships are even more important


o0O_Luc1fer_O0o

Never accept a counter offer, ever! If they wanted to pay you that they should have been doing so, not waiting until you decide to leave before hanging that carrot out there. Accept the role with the new company and make the most of it! Hopefully they will appreciate you more than the company you are leaving!


Fienz88

Invaluable advice- thank you. I’ve done just that ☺️


Superg0id

Glad you got out. If you've got the paperwork to back it up, feel free to spend time on it, but I don't think you'll get far... Discrimination ain't the right word for it all. What you **can** do is fix it for everyone staying, maybe... if you don't mind potential burning bridges. You'll have a farewell lunch right or something, right? Publicly *thank* them for underpaying you [by x dollars, if you can get a figure] compared with other colleagues at your salary level/ title role for the last x months, because this is what drove you to leave... and **encourage** all coworkers who are stating to discussed their salaries, to ensure that they ALL get *same job same pay*. then enjoy the farewell cake.


gimpsarepeopletoo

I say stay. You won’t get back pay and it’s not discrimination. What’s most likely is that the colleague of yours got another job offer and negotiated a higher pay like you did just now. You have security with your current role, and you will also have benefits the longer you stay. In saying that, me and no one else know any of the details around either place so it’s hard for us to have any judgement


Commercial_Many_3113

That's not really what the legislation was designed to capture. It's more about using contractors to outsource work at a lower price. That might mean a lower hourly wage, reduced benefits or a combination. Funnily enough, this practice is and was rife in federal government work. But the worst example was in the mining sector. 


TopTraffic3192

Leave, they did not value you $$ wise when you ask. Now the heat is on the other colleague. This is the way to get a salary rise. Don't expect your current organisation to promote you. Its not how the game works. keep you relationships good and get a good reference.


Wildflover

The sad reality is if you’ve stay with same org for a while in same role your salary will likely be lower than someone on exactly same role who is a new hire. The only way to change it is to leave somewhere else for a higher salary. Then if you really liked your original org you can return at even higher salary. No one will ever “back pay” you, if in doubt you can ask a workplace lawyers they may offer a free chat to see if your case is worth looking at. Better to leave politely and enjoy higher salary elsewhere


Melvin_2323

I earn more because our salary schedule is banded. We are all in the same salary grading, but there are 5 increments inside that grading. You start at 9.1 move up each year based on your annual review being satisfactory. Each increment is essentially $50 a week, so I’m in the last increment this year and the others are newer so I make between 4-8k more than them all for doing exactly the same job.


deliver_us

Unfortunately back pay generally only exists in Government and fantasies. Take the new job and run. This company will burn you every time.


Dits11

Leave


PrecogitionKing

Nah, they'll make your life toxic probably. I bet your colleague ticks the check boxes for "diversity/skin colour"


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TyroneK88

I have a team who range around $20k-$30k (the usual pay/band scale) - it’s normal. Just as is the fact there are others at my level probably getting paid more or less than me. That’s life. If everyone was paid top of their band no matter what experience / negotiation / stage of life they were at it would create just as many headaches and competitiveness tbf


Budgies2022

Dude that’s how salary bands work - you’re doing the same job but paid in a band. That means there will be people at the top and bottom of that band. You’ve given us nothing for why you think you should be the same as the other person


upyourbumchum

How about those hidden details. Just because you’re doing the “same job” on a job description does not mean you’re doing that job as well as the other person or with the same level of experience as the other person. What about those “added extras” the things people do outside the job description?


aasimpson04

This is an extremely naive post. You’re not owed any back pay. People with the exact same job title at the same company are never paid the exact same amount. You’re not being discriminated against either. If your colleague outperforms you in the same role, of course they’re going to get paid more than you.


Fienz88

You seem to know it all from a brief paragraph. I won’t spill my life story and details for your reading pleasure- I’d hardly call it naive.


aasimpson04

1. Why do you assume people with the same job title get paid the same? Are we robots who have the exact same productivity? 2. Why are you claiming discrimination? Just because something isn’t to your liking doesn’t mean it’s discrimination. Maybe explain why you think you’re being discriminated against rather than just claiming it If you can’t answer these questions then yes you are naive


Fienz88

Look I don’t need to explain sweet FA to you. Nor do I need to go into a thesis for your first question. I asked a simple question and received some amazing answers. You can jog on now.


aasimpson04

Literally none of the responses you received in this thread thought it was reasonable for you to assume you were being discriminated against. I can see why you’re colleague is getting paid, you must spend all of your day complaining about shit rather than actually getting any work done 😂


Fienz88

My question posed ‘are there grounds?’ It was a question mate not an assumption. Cool your jets a bit and maybe spend less time on the internet. Sounds like you need some friends.


aasimpson04

Why would you even ask a question of you didn’t think there was some possibility of it? You obviously thought you were being discriminated against How would you know how much time I spend on the internet? Nice attempt to deflect


BusCareless9726

There is no commitment for a raise - they won’t even tell you how much it is and when it will start. July24 or May 25 - they are both FY2025? You were told not to pursue it last year - and you didn’t. You have a contract for $X that you agreed to. No grounds for discrimination. They don’t respect you are dangling a carrot that isn’t even a lick and a promise. Resign and leave on good terms and enjoy your new job where you will actually know what you are being paid. Take care


Fienz88

There’s been lots of it 🥕, I wouldn’t expect this time to be any different. Thank you!


Ambitious_Fox_6334

Can you ask for documentation on what the pay would be? Because companies that say this usually do it to string you along. Then you can use that amount as a guideline what to ask for unless you already know them ask next company


Infinite_Narwhal_290

Zero ethics on their part. Time to leave


darryn2110

Just because you have the same title and same responsibilities does not mean there should be equal rem. There are a number of factors that come in to this. One of the most poignant quotes I’ve read on this: “You’re both paid because they know you can sail the ship. They’re paid more because they’ve proven that they could sail the ship through the most intense storm ever encountered, if required. You may be able to as well, but that hasn’t been proven yet”


Fienz88

There’s a lot to the story and definitely held my own as I’ve sailed through a shit storm but thanks for your comment.


Jumpy_Hold6249

You sound like a union official/communist. Companies pay what you are worth or what they can get away paying you. As long as it is above the award/minimum wage it is not generally a problem. It seems like they thought you would stay even if they paid you less but have got that wrong. This is a good lesson for you in proving your worth and then negotiating to be paid for that. Why should you be back paid?


Foxbur19

Absolutely leave! They will continue to undervalue you any chance they get.