I’m being sabotaged by the colleague who was covering my role. Help!

Each week, Dr Kirstin Ferguson tackles questions about workplace, career and leadership in her advice column Got a Minute? This week: a sabotaging colleague, weekends filled with work events and a former sommelier seeking over-time.

I’m 10 weeks into a public sector research role, having replaced someone who’s now back in her previous, lower-paid position. She’s refused to hand over any information, changed passwords to block my access and diverts shared emails to herself. When I’ve raised it politely, she tells me I haven’t been there long enough to understand how things work (she’s been there more than 20 years) and yet nothing is documented. Our manager says he’ll speak to her, but nothing changes. Everyone works remotely, so I’ve never met my colleagues. I’m losing sleep and considering resigning from a well-paid role. What do I do?

Woah, that is some toxic, fear-driven behaviour right there. And your manager is just as culpable for not doing anything about it. This needs to be escalated before your performance is questioned when people start to wonder why you haven’t done what they might expect you to have done. Given you work in a public sector role, the behaviour sounds very much like it could be classed as misconduct.

I would document everything: every time you had access blocked, the emails being diverted, the comments she has made. I would also document the action your manager said they would take, but didn’t. You should then request a formal meeting with your manager – one last time – and take all the information you have gathered.

Clearly outline the specific actions you need your manager to take so you can do your job. I would then calmly explain that given it has already been 10 weeks, if nothing changes, you will be left with no alternative but to take it further. Your manager doesn’t seem to understand the seriousness of what you are dealing with, or they are too afraid to confront it themselves.

If nothing changes, document this last meeting as well and then escalate to the group within your organisation that handles serious complaints. You should not have to resign over the appalling behaviour of someone else.

Due to my type of work in the arts, I often attend festivals and events on the weekends and out of hours. My organisation sometimes pays for my attendance, travel and accommodation, but I have been told that because this attendance often falls on a weekend, I am not eligible to receive pay for going. It seems unfair that if work colleagues attend conferences during work hours, they are paid the hours as regular work. Is this legal?

The general position under Australian workplace law is that, if your employer requires or expects your attendance at an event, that time is ordinarily considered work – regardless of whether it falls on a weekend. If a comparable activity during work hours is treated as paid work time, applying a different standard to weekend attendance raises a question of fairness you should pursue. In many organisations, days in lieu are offered so you can take time off to rest just as you would have otherwise done on that day during your weekend.

Hopefully, if you raise this with your employers, they will find a way to make this fair without you needing to look at legalities. That said, your actual entitlements will completely depend on what is in your employment contract, and on any award or enterprise agreement you are paid under. You can contact the Fair Work Ombudsman for guidance specific to your situation.

My son works in the hospitality industry. As a sommelier, he often worked very long hours and was paid overtime. Now that he has been given a management position with a modest pay rise, he still works very long hours, often more than 50 per week. He has been told that as a manager, he is no longer entitled to overtime. Is this true?

A little like the last answer, it all depends. I can speak from experience though that throughout my entire management career, overtime was never paid. The general rule for managers and executives is that long hours are factored into the salary you receive.

That said, a job title isn’t what determines his entitlement to overtime. If he is still covered by an award, then he is still entitled to overtime under those provisions and should contact Fair Work for specific advice.

Last thought: congratulations on raising a child to have such a particularly useful profession. Mechanics, vets, doctors, optometrists, electricians, lawyers – all helpful to have in the family – but a sommelier must come in very handy at family occasions.

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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