preview

The Significant Area Of Concern Essay

Decent Essays
Open Document

The significant area of concern for Ernest Frank Pty Ltd (Ernest Frank) is the misuse of their confidential company and client information. It appears that Josephine West (West) has used information obtained in the course of her employment with Ernest Frank and used it for the benefit in her subsequent employment with Hale Bopp Pty Ltd (Hale Bopp).
It is essential that Ernest Frank take immediate steps to protect their intellectual property and to stop any further unauthorised use of their company information by West and Hale Bopp from occurring.
I advise that the protections available to Ernest Frank include the following:
Duty of Confidentiality
It appears that West copied, removed and possibly deleted confidential information, which she had access to during her employment with Ernest Frank. Such conduct by West would fall outside the realm of knowledge acquired by the employee as a routine part of performing their duties, that is, West disclosed information that was not in the public domain.
In Prime Creative Media Pty Ltd v Vranijkova and Motoring Matters Pty Ltd (2010), the Federal Court explained that ‘the protection that should be afforded to information was not afforded due to its confidentiality or from any secrecy surrounding it, but rather afforded protection because of the purpose for which the information had been compiled and because the information was not accessible to those other than business’ employees.’
It is arguable that West’s conduct breached the

Get Access
Related
Get Access