The problem with NDAs
The use of non-disclosure agreements in settling employment disputes is facing new levels of scrutiny, but regulatory enforcement is a fraught issue.
Nine Entertainment's internal scandal over the alleged inappropriate behaviour of former executives has thrown the issue of non-disclosure agreements (NDAs) back into the legal spotlight this week.
Its chief executive officer Mike Sneesby has denied ever signing any non-disclosure agreements relating to the alleged incidents. But the nation’s largest domestic media company hasn't responded to questions about whether NDAs have been signed by other members of the leadership team or by former executives upon their departures.
The broad use of non-disclosure agreements to resolve sexual harassment complaints and other workplace incidents has garnered increased legal scrutiny for some months.
Recent research authored at Sydney Law School by lawyers Regina Featherstone and Sharmilla Bargon included a survey of 145 sexual harassment legal practitioners across Australia acting for both applicants and respondents in disputes.
