Employment Law – Background
In Blue Badge Insurance Australia Pty Ltd v Farnarn [2017], an employer won a court order for a contractor to return confidential files
Employment Law – Facts
In essence:
- A contractor was engaged by Blue Badge Insurance Australia between April 2013 and November 2014 to provide compliance advice. However, the end of this arrangement was not “amicable”
- Blue Badge reminded the contactor of her confidentiality obligations. These included that she was return or destroy all documents, electronic storage media and other materials relating to confidential business information
- Blue Badge took court action after failed multiple attempts to recover the documents
Employment Law – Decision
The NSW Supreme Court found:
- It was likely the contractor still had the confidential documents in her possession
- The contractor was ordered to deliver hard-copy documents, computers and other electronic storage devices for inspection or file an affidavit identifying each document, the manner in which they were held, the date in which she ceased to possess them and an explanation of why she no longer had the documents
- Her unreasonable conduct, in “deliberately refusing to engage with” the Court warranted a costs order against her
Employment Law – Tips for Employers
Our Matthews Folbigg Workplace Solutions employment law team recommends employers:
- review this principal / contractor dispute decision
- seek the assistance of an employment lawyer to understand the impacts of this decision
- raise any employment law questions with an employment lawyer
Employment Law – More Information
Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635-7966 to speak with one of our employment lawyers.
