Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Dealing with Conflict of Interest Cases?

Discussion in 'Commercial Law Forum' started by STREET C.O.D, 10 November 2016.

  1. STREET C.O.D

    STREET C.O.D Member

    Joined:
    3 November 2016
    Messages:
    1
    Likes Received:
    0
    Hi All

    Thanks to all that will commented in advance.

    These are all facts with out going into detail.

    STREET COD which unhappily means: Stop The Rogue Employee Exploiting Trust & Conflict Of Duty

    I have 2 potential cases of conflict of Interest both within the past 12 months, with 4 months since the second case and 8 months for the first. I am questioning to either pursue for compensation or let this go and move on and file the loses as lessons learnt.

    First Case:

    In short, my company had been providing contractors and plant and equipment for minor works to a well-known company. No employment contract was in motion. Work seemed to be going well 8 months in. I had appointed a long standing work colleague to act as senior person and the first point of contact relating to any company matters while I was absent from the site, which was 50% of the time due to other duties with this project. No contract stated this due to close ties between parties.

    November 24 2015, due to staff requirements, the company installed comms due to the remote locations under a 12-month lease and on December 10, 2015, the company leased a property for accommodations due to forecasting. This was based on request to quote new works late October.

    The company broke for Christmas with a return date of the 3 January 2016.

    In late December, during Christmas break, it had come to my knowledge that rumors of the senior person had been dealing with the client and that while away, had recommendations to commence working for the client in the new year. 1st January correspondence was sent on return to the site with no reply from the client and no word from senior person.

    On the 17th of January, the company was forced to return to site and pack equipment and leave without and responses from client. The company was notified by a contractor on 6th January that prior to installing comms November 24, the person while in charge approached 2 contracting staff to also seek employment with client to which they refused. This can only mean prior knowledge that there was no intention to return in the New Year.

    To this day, my company has not received and correspondence from each party relating to services no longer being required from client and senior person no longer available offering services or replies to any emails sent.

    Is this conflict or interest?

    Second Case:

    My company finished a contract and was demobilised from site May 2016. I received an email requesting a quote for an extended work front. The company quoted the work submitted and organised a contractor that completed the same type of work on the same project 4 weeks earlier. The client contacted my contractor asking them to complete the work prior to notifying me that i was unsuccessful.

    My contractor notified me of this before I receive an email from the client stating that the quote was unsuccessful. The client policy clearly states the forbidden use of corrupt practices to gain an unfair advantage.

    Is this Conflict of Interest?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    373
    In neither relationship (employer to employee or head contractor to contractor) does there exist any duty of care or obligation that would give rise to a cause of action for conflict of interest. Unless there is something in the agreement between the two parties - such as a restraint of trade in the first case or a term preventing the contractor from quoting work you have also quoted or having to pay you a cut of anything you do for their clients, then there is no breach of anything that gives you the right to take any action. They are simply looking after themselves and are not doing anything illegal.

    The commercial world is what it is and commercial activities are not curtailed by what is "fair". If there was - commerce would not be commerce.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;