Have Australian Law Questions? Ask a Lawyer Now.
Hi my name is ***** ***** I am a Victorian solicitor. A deed of settlement is ultimately a contract between you and the company. The confidentiality clause is part of that contract, and a breach of the clause by the company or its employees or agents as is the case here, is a breach of contract which entitles you to damages. The quantum of the damages that you can claim is dependent on the damage you have suffered. Each time a company employee breached the confidentiality deed is a separate breach of the contract. You need to gather evidence if possible of each breach and then determine what injury this caused you. For example, when the first employee gave the reference and mentioned the past legal issues, was this the determinative factor in you losing the job you applied for? If so, then simplistically, since it took you 6 months to find another job (and mitigate your loss), your claim could be (6 months x lost salary from the job opportunity). I wouldn't rest my argument on defamation, though, since they may raise the defence of justification or fair comment. It is best just to treat the matter as a breach of contract since the damage is much more clearly provable. In addition, depending on the phrasing of your settlement deed, the breach of confidentiality may also allow you to resurrect your old claim that the deed was meant to settle, so you could also sue for that. I hope this has been of assistance. Regards, Jared.
Hi, I think it will be a challenge to enforce against a stranger to the deed. As you say, the company did not sign the deed poll, though elements therein are for the company's benefit. While the deed might purport to place obligations on the company, it did not sign. Thus, while it may sue under the deed for the benefit you promised by signing the deed, you cannot enforce against them since they did not sign. However, you may have an alternative - if you received something under the deed, let's say money, and this came from the company as a result of you entering the deed, then you could argue that there was a separate contract on the same terms as the deed and that the company is bound by this separate agreement. Further, depending on the phrasing of the deed, you could go against the director who did sign the deed, assuming he agreed to "procure" the company's compliance. Finally with respect to your point on defamation, you may have an action against each employee, but in addition, depending on whether they were authorised by the company or acting without the company's knowledge, the company may also be liable for defamation. Regards, Jared
Hi, I think you already seem to have made up your mind about this matter, so I shall respectfully ***** ***** and allow another expert to determine if they wish to answer. Best of luck and regards, Jared.
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
Who is the director of the company? Was it the statemanager?