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No. 179 – My peers get more pay and leave for the same work. How do I fix it?

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30 October 2024

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column, “Got a Minute?” This week: unfair pay and benefits, a harasser gets rewarded, and an awkward resignation.

For a few months, I have been on the same roster as my male counterparts, but I get paid less than them. I can accept the pay gap because they have more experience than me and have been working for the company longer. However, they also get a rostered day off once a fortnight, which I do not. When I requested the same conditions, my manager said they don’t offer that any more. Is this legal? What can I say in my next review to improve matters?

If you are doing the same job as your male counterparts and the same workload is expected of you, then you shouldn’t accept a pay gap. I would raise the issues of both your pay and conditions with HR or your manager. It may be that the rostered day off entitlement is something that has been phased out, but then it needs to be phased out for everyone. There needs to be a close review to ensure there is the same access to benefits across the board and a fair remuneration structure. I would gather your thoughts on what you might like to see changed and have a clear plan for your next review. Calmly go through your points and explain how you are doing the same work as your teammates but not being rewarded in the same way. If there is an HR function in your company, you might also like to ask that they be involved in the discussion so everyone can be on the same page.

I made a sexual harassment complaint at work against my direct manager. The day I made the complaint, he resigned and promptly resurfaced in another role in our small industry. Meanwhile, I was subjected to an internal investigation, a court hearing (which found in my favour), and then mediation, ultimately resulting in me having to resign from a job I loved and at which I was very successful. What I didn’t realise is that I was also resigning from a career, as I am now viewed as too risky. The person who sexually harassed me still has a career, while I am met with awkwardness from former peers and colleagues who continue to do business with him. Without breaching my legal obligations, how can I get my career back on track?

You have been through a horrific ordeal, and, as in so many of these cases, the complainant pays the price. It sounds as if you also have been muzzled by a non-disclosure agreement, which, again, disadvantages the complainant. I am so sorry you have had this happen to you. One of the tricky things when we go through something this public is to believe everyone is thinking and talking about what happened as much as we are. That is rarely the case and, so as hard as it will be, please remember you are not defined by this event. You still have worth and value. I wonder whether a change of industry could be beneficial – a shift to somewhere you feel you could get a fresh start and some distance from that time in your life?

My colleague accused me of being aggressive and not a team player. I immediately apologised unreservedly, but they could provide no examples or evidence of what I had supposedly done. Our boss considers the case closed as my colleague has made no formal complaint. I do not feel safe in this work environment now as I have no way of sensibly modifying my behaviour, so I have resigned. I don’t know what to say when people ask why I am leaving since I can’t be honest without being uncomplimentary about my boss, who mismanaged the whole thing. I see no virtue in causing affront and hurt when there is nothing to be gained. Any suggestions for what I might say?

I don’t think you need to burn bridges on your way out the door. As you say, there is nothing to be gained. I would simply say you are moving on to pursue a new career challenge, or perhaps you could say you are looking for a career break to take some time for yourself or to spend with family. The more general you keep it, the better.

To submit a question about work, careers or leadership, visit kirstinferguson.com/ask (you will not be asked to provide your name or any identifying information. Letters may be edited).

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