Exclusive: Leaked Minter Ellison Email Exposes Partial Thaw of Pay Freeze

We may have missed the scoop on the Freehills ‘two-tiered’ pay-freeze thaw (a major report on Freehills will be posted tomorrow, so check back for more on this), but today the Firm Spy is back where it belongs – breaking the big stories.

Thanks to the audacious work of an anonymous Minters spy we can today reveal an email sent to all staff yesterday by Minters Chief Executive Partner John Weber:

As you know, it has been a challenging 12 months for us, as it has for all law firms and our clients.  Revenue for this financial year is down on the same time last financial year and while we have performed well against budgets, they were set well down in response to difficult market conditions.  Despite some early signs of recovery in some parts of the economy, we are yet to see a return to normal trading conditions.

Our response to the downturn, which has included ongoing expenditure management and strong strategic focus, has helped us weather the downturn relatively well.  Consistent with earlier commitments, the firm will now be conducting mid-financial year staff salary reviews.

A Minters partner hears a pay review appeal

The mid-year staff salary reviews will be performance-based, will have regard to market salary data and will be completed in December (effective 1 January 2010).  Given market conditions, increases will generally be modest or take the form of a small bonus.  As in other years, not all members of staff will have their salaries increased or receive a bonus.  Each member of staff will receive a letter notifying them of the result of their salary review.  At this stage I anticipate that we will conduct our usual salary review process with effect from 1 July 2010.

The market-wide softening in demand for legal services requires us to continue with our expenditure management program.  Our key challenges will be to continue to focus on our clients and to work as one firm, so that we emerge from this downturn a stronger and more robust firm.

I would like to thank you all once again for your contribution throughout the past year.

So… staff will get a letter informing them of the result of the “review”? Is there any procedural fairness? A right of appeal? Or do staff, once again, have to put their faith in the integrity of partners to “do the right thing” by them? We smell a rat John!

Excellent choice of language in relation to the subsequent pay review too: “I anticipate that we will conduct our usual salary review process with effect from 1 July 2010.” Sounds to us like John is foreshadowing that some staff could remain on the same wage for two years or longer. Oh, the anticipation!

Our anonymous Minters spy had the following comments to add:

Well played John.  Performance-based salary reviews are a long overdue step in the right direction.  However, will modest pay rises and small bonuses satisfy those who have been performing and are exceeding their budgets by not so modest amounts?  Good luck to the firm when it sees a return to normal trading conditions. Unless the firm can do better than modest increases and small bonuses in July 2010, the early signs of an exodus will follow closely behind.

An astute observation by the spy that an exodus will follow. Miserly partners will then have to start searching for huge dollars to pay lofty recruitment fees. Our guess is that these whopping recruitment fees haven’t been factored into the alchemistic Minters “budget”.

As an aside, it is interesting to note that Minter Ellison has remained true to its word that it would conduct a salary review at year’s end, while Mallesons apparently shelved plans for a formal review and instead gave staff a paltry 3% bonus. Moreover, an anonymous Mallesons spy sent us the following comments:

When the Mallesons pay freeze was introduced it was implemented on the basis that it would be reviewed in December against how the firm was tracking against budget.

Are we to infer that the apparently broken promise to Mallesons staff can be traced to an unrealistically high budget forecast, or is this yet more evidence that a decision has been made to “buy time” to keep the Mallesons pay freeze in place?

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