Legal Business network: Asia, Australia, China, Middle East
Layoffs come back to haunt firms as candidates gain upper hand

 

By Daniela Aroche

 

As lawyers rather than firms might once again be gaining the upper hand in the job market as the economy begins to make a come-back post-GFC, cost-cutting measures taken by firms earlier this year might come back to haunt them. 
 
According to a recent report by PricewaterhouseCoopers (Managing tomorrow's people: how the downturn will change the future of work),  the bonds of trust between some employers and employees have been eroded by pay and promotion freezes, changes to pension schemes, cuts in recruitment and diminished training budgets.

 

As a result, those companies who have made a conscious effort to do more with less and engage and develop their employees during the downturn are emerging as leaders in the talent stakes - and employers who are keen to attract and retain top talent have been warned that they will have to make more of an effort to invest in their talent pipeline and enhance employee engagement strategies.

 

"The winners and losers in the war for talent are starting to reveal themselves as the impact of long-term people decisions taken during the downturn begins to be felt," said PricewaterhouseCoopers partner Jon Williams.

 

"Businesses that have continued to focus on investment and employee engagement, while staving off the global financial crisis, are emerging as clear leaders. Likewise, businesses that continued to offer their employees new opportunities and invested in their people pipeline are now at a competitive advantage," he added. "The success or failure of people strategies will have a decisive impact on which businesses become the big brands and top employers of the next decade."

 

However, for law firms specifically - although the treatment of employees during the downturn certainly has an impact on the ability to attract and retain top talent - the longevity of that impact is in question.

 

"In terms of branding, how law firms have treated people is relevant now. We haven't seen a massive variation in terms of the handling of things in the market - law firms either retrench people or they give some flexibility. But I think those who have allowed flexibility and shorter working hours and done something other than just making people redundant, will most definitely help themselves stand out," said Jacqueline Keddie, managing consultant, at Law Alliance.

 

"However, I also think that lawyers are very conscious that this is an event that's happened in their lifetime that is an absolute anomaly, so I wonder how long the memory of that treatment will be in the minds of the lawyers that we deal with."

 

In fact, according to Keddie, success may have more to do with the internal environment of a firm and individual managers than the broader treatment of employees during the worst of the GFC.


"[The treatment of employees during the GFC] is only part of the story. The consistent theme from lawyers - particularly in the markets of Singapore and Hong Kong where everyone knows everyone - is that although the question of whether the firm provided flexible working hours rather than sacking people will be relevant, if the partner that they are going to be working for is a particularly unpleasant individual, attracting talent to work with that partner is not going to be any easier despite what you've done in the GFC to look after your employees."

 

"There are absolutely some top firms in Asia that we struggle to get lawyers to consider because of the partner and the reputation."

 

Law firm redundancies in numbers

Firm

Redundancies

Graduate arrangements

Other measures taken

Allens Arthur Robinson

Voluntary redundancy package offered, including up to one year's pay for long-serving staff. No redundancy targets in terms of numbers, positions or specific roles

77 grads starting in March, will keep hiring same number for next two years

Firm-wide salary freeze effective from 1 July, profit share for partners is expected to drop, flexible working arrangements, purchased annual leave, career breaks

 

Blake Dawson

93 (27 lawyers and 66 support staff)

 

 

Corrs Chambers Westgarth

 

Delayed start date for 09 recruits from February to April, A$2,300 paid in compensation. 53 graduates so far – up from 49 in 2008.

 

Deacons

15 property and banking & finance, lawyers

43 graduates (same as last year)

Continue to invest in pro-bono and sustainability initiatives, such as reducing greenhouse gas emissions 2008 levels by 22%

 

DLA Phillips Fox

12 Australian and Kiwi lawyers

43 graduates in Australia and New Zealand – down from 66 in 2008

 

Freehills

Firm has no plans for retrenchments due to significant investment into recruiting staff

116 graduates  – up from 103 in 2008

Firm-wide salary freeze effective since 20 March to remain in place into new financial year, partners advised to expect a drop in income due to forecasted drop in the firm's profitability, cancelled annual national partners' conference, offered career breaks, flexible hours and purchased leave. If firm's profit does not fall in 2010 'upside' will be shared with colleagues in an "equitable way"

Herbert Geer

“Two or three” redundancies in Brisbane and Melbourne offices

Nine across Sydney, Melbourne and Brisbane offices (up from seven in 2008)

Flexible arrangements, staff leave, reduced spending on social events and catering. Use downtime for precedent generation /updates, knowledge management and training

Hicksons Lawyers

Eight staff from across the firm made redundant

 

 

HWL Ebsworth

17 staff (six lawyers, three property paralegals, three graduates, six personal assistants)

16 graduates

 

Macpherson + Kelley

Three (two commercial senior associates, one junior commercial lawyer)

Annual graduate intake down from seven to four

Sub let surplus office space to reduce rent by A$250,000 annually, saved A$120,000 by reducing use of external consultants, saved A$80,000 per year on other operational expenses

Maddocks

 

Four graduates in Sydney and 24 seasonal clerks in Melbourne (slightly more than last year)

Flexible work options, such as a nine-day fortnight or four-day week and job sharing, partners have reduced profit expectations, more than A$1m saved from cut discretionary spending on taxi fares, stationery, catering, subscriptions, use of external consultants, etc.

Minter Ellison

35 (11 legal and 24 support staff)

Staff reductions have not affected graduate program.

Rigorous cost reduction program implemented, with the objective of minimising staffing reductions

Thomson Playford Cutlers

24 (five non-legal and 19 legal) in Adelaide and Sydney

Deferred our 2009 graduate intake to 2010

 

Note: this table contains information available to ALB correct as of May 2009.

Other firms may have taken similar measures that are not presented here.


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