Families Broken & Dreams Shattered as PwC Offers Melbourne Grads Cruel Ultimatum

"take care of the kids, I'll be back in 3 years"
We reported in February the heartwarming news that Big4 graduate intakes had bounced back after a lacklustre few years on the back of the GFC. In relation to the biggest accounting firm by revenue, PwC, we reported that it had grown its staff over the past year and graduate intake is expected to increase by 10% this year, growing from its total of about 700 grads over the last two years. PwC Chief Executive Mark Johnson reported that in the second half of the 2010 there were double digit results for much of consulting, risk and provate clients

But the picture is much less rosy for grads in PwC’s Melbourne office. Said one anoymous tipster:

10 grads at pricewaterhousecoopers made redundant… three months after accepting the job (and probably knocking back other jobs in the process)

Said another:

PwC Melbourne have told some its grads that ’we need some of you to volunteer to move to other offices. If no one volunteers, we will have to let some of you go.’ Firing grads, particularly when many of them would have turned down other Big Four offers, is pretty low.

Pretty low indeed. We sent the following edited email to the firm’s PR contact, including in it another more detailed anonymous tip-off:

——– Original Message ——–
Subject: Fwd: RE: Rumours We Have Heard
Date: Sun, 03 Jul 2011 17:37:49 -0400
From: <news@firmspy.com>
To: <@au.pwc.com>
Cc: <@au.pwc.com>

Morning,

We’ve heard rumours from several sources over the weekend that a group of PwC grads have been asked to move interstate in order to keep their jobs. Here is an example of one tip off we have received:

“The Melbourne corporate tax team of PwC is losing so much money fast that they are sending 10 of their 16 grads who started 3 months ago to either Brisbane, Sydney or Perth on a 3 year secondment just to stem the bleeding and get rid of them. They also extended all their probations and have said they will terminate them if they don’t get enough take up of the offer.”

What is the deal here? What is the name of the graduate recruitment partner who so vastly overestimated the number of graduates the Melb corporate tax team would require? What sort of performance counselling is given to employees at the top of the food-chain who make these kinds of farcical mistakes that so damage the lives of junior staffers?

Regards,

FS

In response, we received the following bullish comments from a PwC spokesperson yesterday afternoon:

PwC’s Graduate Intake Program forms part of our long term talent development and growth strategy. It offers graduates access to a range of experiences in different locations, across all industries, encouraging them to develop their skills and build relationships with a variety of clients, colleagues and Partners. We have recently offered 10 Melbourne graduates 2-3 year secondments based in PwC’s Sydney, Perth and Brisbane offices. It is a great opportunity for these graduates to take their career forward and work in key areas of the firm across Australia.

An opportunity… or a cruel ultimatum? We would suggest the grads consider their legal options if it is the latter. Particular regard should be had to individual employment contracts and the circumstances under which grads accepted their offers. We had a look at the firm’s Careers FAQ section and found the following:

Can I apply for a role not in my local state?

Yes. However, applicants may only apply to one advertised role per campaign. You will be given the option to select two preference areas as well as office locations.

So, presumably the relevant grads applied for, and accepted, a role in Melbourne on a one-year contract. If the firm:

  1. made a representation to the grads that they would work in Melbourne for their graduate year; and
  2. the grads relied on that representation in accepting the PwC graduate employment offer; and
  3. the firm made that representation knowing it to be false, or made it honestly and later resiled from it; and
  4. the relevant grads suffer the “detriment” of having to relocate to another state, away from family, spouses etc

… is there enough for a Walton Stores estoppel? We think the answer probably lies in point 3 and whether, at the time of making the representation to grads that they would work in Melbourne (assuming it did so), the firm “knew” it would only be for a few months, before asking the grads to relocate. Perhaps there was a big transaction, which required low-level grunt work and ended a few months after the grads commenced.  The firm might have thought there would be no real harm in “offering” a secondment once that hypothetical transaction was completed.

You’ll recall in the Walton Stores case that Mason CJ and Wilson J held:

the creation or encouragement by the party estopped in the other party of an assumption that a contract will come into existence or a promise will be performed and that the other party relied on that assumption to his detriment to the knowledge of the first party.

Did the PwC partner responsible for the incredulously overinflated Melbourne tax graduate intake know that soon after their commencement at the firm, many of the grads would either be forced to move interstate or leave the firm?

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