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NSW Unfair Dismissal - Still Bound to Confidential Information?

Discussion in 'Employment Law Forum' started by Erazed, 8 August 2015.

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  1. Erazed

    Erazed Member

    8 August 2015
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    I just need some assistance to the following situation which I am facing at the moment, I will try and make this as simple as possible to understand.

    I have been unfairly dismissed on the 1st of June 2015 from my organisation (terminated). Part of my employment contract, there is a section called "Data Protection, Security and Confidentiality Agreement" which I have sign. When I was terminated, I did not obtain any data or taken any confidential information from the organisation with me.

    2 week later, I had mixed though whether to take it to Fair Work Australia or not for unfair dismissal, but required evident before submitting my fair work case, I decided to try my luck that night, and I manage to remote into the organisation network and found email communication between my manager/hr and FD (financial director).

    I took screen shot of multiple email communication between my manager/HR and FD which shows that the termination was staged.

    I lodge a FWC and during the conciliation one of the email was used again the organisation, the organisation decided not to pay and have taken it to the hearing.

    I have now received a letter from the organisation lawyer stating that all information that I currently have must be immediately be cease, must not be publish or use confidential internal emails and report belonging to the organisation.

    These email communication that I have obtains are my concrete evident which I will need to backup my FWC at the hearing.

    What I would like to know is, what are the option available and what are my rights, does the "Data Protection, Security and Confidentiality Agreement" still apply to me even when I haven't been working there for more than 2 weeks?

    any help would be much appreciated.
  2. rebeccag

    rebeccag Well-Known Member

    8 April 2014
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    Usually there will be some sort of exception where you can disclose to certain people for specific reasons - eg, to a lawyer for the purpose of legal advice. Carefully read through the terms of the Agreement to understand what it says you can/can't do, what actually falls under the definition of 'confidential information' and how long the confidentiality period applies for.

    If its a bit complicated, it would be wise to get legal advice from an employment lawyer.

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