Cannon-Brookes' employee dispute centres on HR documents
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The news: Medical records, visas and police checks stored in HR files for Mike Cannon-Brookes' private vehicle, Cannon-Brookes Services, are at the heart of a dispute between the Atlassian co-founder and his former employee Kevin Chiu, the Supreme Court has heard.
Chiu attempted to disclose the files to the company's former chief financial officer Catherine Manuel via his personal email, the court heard, copying in Annie Cannon-Brookes, from whom Mike is separated.
The context: Documents filed to the Supreme Court of New South Wales last week sought to force Chiu to hand over electronic devices and access to a Google Drive account that Cannon-Brookes Services argued contained confidential company information.
In a court hearing before Justice Kate Williams on Monday, barrister Tim Breakspear SC argued on behalf of Cannon-Brookes Services that Chiu's use of a personal email address "is inconsistent with the likelihood of it being communication in the ordinary course of business".
Breakspear argued that the termination of Chiu's employment obliges him to deliver all records and confidential information linked to Cannon-Brookes Services and that he continues to be bound by confidentiality obligations, despite the end of his employment.
Breakspear said it was "difficult to conceive of legitimate reasons" why Chiu would need to communicate the HR files to Manuel — who had already left her role.
Chiu will have to show the communications between him, Manuel and Annie Cannon-Brookes were authorised for his work purposes, including that Cannon-Brookes had authority at the time over such internal information.
Barrister John Fernon SC, appearing before the court on behalf of Chiu, said his client's employment contract extends to confidential information such as "trade secrets and the like".
Chiu "has resisted [the] broad ranging, unrestricted approach" for demand of his personal devices, Fernon said.
Chiu is willing to cooperate with an objective to delete any Cannon-Brookes Services information on his devices, Fernon told the court. "This is not a case where the defendant is running off with plaintiff information," he added.
But Williams questioned that position where electronic accounts, such as the Google Drive account, are concerned.
The matter continues.
