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Tag Archives: Confidentiality

Fairly dismissed for disclosing personal information

The Fair Work Commission has found that an employee who approached a competitor of his employer and divulged personal information about his current boss and the business was not unfairly dismissed. In the case, the employer and the employee had already agreed in August 2015 that the employee’s employment would cease on 31 December 2015.…

Misconduct but still unfairly dismissed

To start off 2016, we thought it might be prudent to revisit one of the more significant decisions handed down in 2015 in which a termination for serious misconduct was determined to be unfair, despite there being a valid reason for dismissal.  In this case, it was the Commission’s comments about compensation that should be…

Protecting your IP from former employees

In Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129, the Employer was part of a group of companies who sell software products and provide services to the mining sector.  The Employee was employed with the Employer for about 18 months before he resigned in November 2011.  Following his resignation, the Employee went…

Leaking confidential information costs RSPCA manager his job

The Fair Work Commission has dismissed an employee’s application for unfair dismissal after the employee provided confidential documents belonging to his employer to his union and to a journalist. The employee was also found to have made disparaging remarks about the CEO of the organisation to other employees. As a result of the employee leaking…