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BigLaw firm reassures graduates amid $290k underpayment reveal

Gilbert + Tobin has reassured graduates that the firm is committed to the wellbeing of young staff amid the revelations it had reached $290,000 in underpayments.

user iconNaomi Neilson 20 July 2020 Big Law
Gilbert + Tobin
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BigLaw firm Gilbert + Tobin will back pay 50 graduates who worked long hours, nights and weekends over the last six years. After conducting an independent audit, the firm found it had underpaid the graduates anywhere between $300 and $15,000.

Following changes to the Legal Services Award in March, which requires that all firms regularly reconcile salaried workers’ hours with rates in the award, the firm conducted the review and reached out to the staff who were impacted to arrange back payments.

“We take this issue very seriously and have put in place a number of mechanisms to ensure [that] we continue to provide a safe working environment for all our people and appropriately reward individual contributions,” a spokesperson said. 

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These mechanisms include exceeding award minimums and implementing a new timesheet process for current graduates to capture all hours worked, which will be regularly reconciled against the award entitlements requested under the new laws. 

Speaking to the AFR, the Australian Services Union raised concerns about the number of hours worked, indicating that it could “absolutely ruin a person”. 

While the firm opted to not respond to these scathing remarks, the spokesperson told Lawyers Weekly that it had communicated with graduates and partners about the new policies and expectations in regard to working hours. These policies include overtime reporting, fatigue management and time in lieu – all checked over by HR. 

“We are committed to the wellbeing and fair remuneration of our people. In partnership with external consultants, we have completed a comprehensive review of our policies and practices to ensure that this does not happen again,” the spokesperson said. 

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Voting is now open for The Lawyers Weekly Award, to be presented to one individual for making substantial, consequential achievements in advancing the Australian legal profession since 2000. Finalists for this prestigious award have been confirmed as those listed below. To vote for your preferred winner, click here

Julian Burnside AO QC (barrister)

Bernard Collaery (barrister, former Attorney-General of the ACT)

Kate Eastman SC (barrister and co-founder, Australian Lawyers for Human Rights)

The Honourable Robert French AC (former chief justice, High Court of Australia)

Sue Kench (global chief executive, King & Wood Mallesons)

The Honourable Chief Justice Susan Kiefel AC (chief justice, High Court of Australia)

The Honourable Michael Kirby AC CMG (former justice, High Court of Australia)

Jane Needham SC (barrister and former president, NSW Bar Association)

Geoffrey Robertson AO QC (barrister)

Professor Gillian Triggs (assistant secretary-general, United Nations and former president, Australian Human Rights Commission)

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