| Summary |
PRACTICE AND PROCEDURE - Application by respondents for return of particular document - Applicant made copy of document while employed by first respondent - Sought to use document in support claim for unjustified dismissal and compensation for loss of shareholding rights - Document reported first respondent's revenue stream and valued its business - Applicant claimed contents relevant to values of shares in compensation claim - Respondents disputed that shareholding rights capable of compensation, and claimed shares not part of employment relationship - Although shareholding issues to be determined, Authority satisfied applicant not entitled to take copy, particularly given did not inform either of respondent's directors - Making copy and keeping it following dismissal breached implied duties of trust, confidence and fidelity in employment agreement - Also had ongoing duties of confidentiality in respect of truly confidential information - Applicant submitted former employees/directors had copies of document and wrongfully disclosed it to third parties - Did not change or diminish applicant's duties - In any event, applicant provided no real evidence of such disclosures - Compliance order appropriate in circumstances - Copy of document to remain sealed on file at Authority and not opened or disclosed without reference to Authority Member - Document to be referred to if necessary and relevant to substantive determination - Order would not disadvantage applicant at Authority, or if pursued claims in Employment Court or civil courts - Each forum enabled parties to obtain relevant documents - If needed applicant should obtain copy through proper procedures - Respondents protected if document released through proper process for that purpose, meaning document may only be used for that proceeding and no other improper collateral purpose - Order requiring applicant return document, not to make further copies, and not to disclose contents of document to third parties |