Employment Law – Background
A former director at an aged care service provider has been found guilty of contempt of court after he deleted information relevant to a confidential information claim being brought against him the night before he was due for court.
Employment Law – Facts
- The director of technology and innovation at Mirus Australia resigned on July 13 2015, before the company terminated him on August 7 2015
- He did not deny that he removed information from the client management system and uploaded it into a laptop after he left
- Mirus became aware that he and another former employee were going to start up their own aged care business
- On August 24, 26 and 28 Mirus’ lawyers sent the director letters stating he was in breach of the restraint clause in his employment contract and required that the confidential information, intellectual property and devices be returned for examination
- On September 7 2015, Mirus initiated legal proceedings against the director