FWC Adverse Action claim question

Hi everyone,

I’m looking for thoughts on if this situation would merit a FWC claim as I believe it does, posting here to get feedback from others who are more knowledgeable on this subject than me, keeping things anonymous for privacy:

I’m an expat living in Australia on a SID482 and have been here just over a year & am largely unfamiliar with the law & legalities.

I’m in a sales role and came out here to join a team that I’d worked with remotely for just under a year, that is a growing satellite office after working for the HQ in US for 1.5 years.

After lots of turmoil the People manager role I was supposed to take was changed/removed from plans and I was instead offered an Individual contributor role, selling into an assigned industry vertical.

What I didn’t know at the time and what I began to find out, was that there hadn’t been any strategic planning by leadership or preparation to carry another IC contributor for the assigned vertical, especially given the mandate of only operating within in said assigned vertical.

For context, we are a small team and the dynamic since the beginning of the year has taken a drastic downhill turn, with a gossipy, juvenile-like approach to everything from in office conduct to partnering on projects. There became a group of people that were “in” and myself and a few others that were considered “out”.

Where I believe I have a case for FWC is that this culture of favoritism, facilitated and participated in by our boss, led to significant advantages given to only certain people and others, including myself, facing significant disadvantages which impacted ability to perform.

Examples:

- biased territory allocation: more sales territory given to favorite employees with purposefully mislabeling territory to coverup misalignment

- Clear favoritism in terms of Manger’s time allocation: multiple 1/1’s with my manager were cancelled with limited or no notice. Accompanied by long drawn out response times along with clear distractedness. Other members of the team did not face consistent cancellations, but rather had increased support.

-Lack of comms with manager for extended durations, after repeated specific requests for support, and was repeatedly met with lip service.

- A struggling peer of mine received overwhelming & tangible support to help achieve their metrics, including manager requiring other teams to dedicate additional resources to that person. When I faced similar struggles, manager took no action nor worked to find me support.

- A support staff member (who works with the whole team) and I struggled to achieve results together, and during the process of trying to fix things, others encouraged the support staff not to work with me, so as to ensure they received more time allocation from support.

There are further examples but to be concise, all of this along with admitted bad luck, led to falling 62% short of given performance metrics.

Recently my manager & HR approached me with a behavior and performance warning that proceeds a formal performance review period of which the timeline is ambiguous past “showing marked improvement”.

I truly believe that this team culture along with leadership failures have led to my inability to achieve target goals, making a firing for performance unjust.

Happy to respond to questions/comments, from what I’ve shared does this seem to warrant an adverse action claim?