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本帖最后由 ajing211 于 2016-5-25 15:47 编辑
求大神给出出主意。
小弟在这家公司做了不到一年，在21/03的时候递交辞职信，22号收到letter of acceptance说15/04 是我的last day of employment.
29/03突然公司给我发了一份letter of misconduct, 说我在公司的时候access financial information and contact supplier for confidential information(complete bullshit) 。 然后说我被dismiss了。到现在都不给我发accrued annual leave和出差报销。
今天去见前老板，结果他还是跟我bullshit，就是不给钱。
求大家给出出主意， 我是不是可以直接去fairworks了。
今天收到fairwork回信，让我按照他们给的的样板再给公司发个邮件，发了之后老板秒回复，说他的律师正准备给我发信，让我等他的律师信，看完再谈。
25/05/2016 今天收到老板的律师信，请大家支招.
DISHONESTY AND BREACH OF EMPLOYMENT OBLIGATIONS
We refer to the above matter. We act for XXX.
Background
We are instructed that:
1. You were employed by XXX as Assistant to the XXX Export Manager on 1 July 2015.
2. The XXX Export Manager’s employment was terminated on 8 March 2016 for serious
misconduct.
3. Your employment was terminated on 29 April 2016 for serious misconduct.
Your conduct
4. On 10 March 2016 you attended our client’s premises and accessed then deleted a series
of files created by the XXX Export Manager but belonging to XXX; 胡说，没证据
5. On or around 10 March 2016 you uploaded XXX’s entire data base including but not
limited to a MYOB file containing XXX’s financial records to your drop box;在公司电脑上，不是dropbox
6. On or around 21 March 2016 you refused to follow the lawful and reasonable direction of
XXX to provide her with the passwords that the XXX Export Manger put in
place to block access to the files he created whilst working for XXX; and胡说
7. On 29 March 2016 you admitted that you had accessed and uploaded the MYOB file.
Breach of Duties owed to XXX 在公司电脑上看过excel file，那时候我还是公司员工
A. Implied Duty of Fidelity
8. All employees owe a duty to their employer to conduct themselves in a manner that they
know will not cause harm to their employer’s business. This duty of fidelity prevented you
from doing anything incompatible with the faithful performance of your function as an
employee of XXX.
9. The duty prevents you from misusing (including stealing and/or destroying) or disclosing
any confidential information you acquired during the course of your employment with our
client.
10. Anything that you did during your employment with our client which was aimed at
furthering your own, the former XXX Export Manager’s (or your future employer’s)
interests, at the expense of our client, constitutes a breach of this duty.
B. Implied Duty of Confidence
11. Despite the end of your employment, you remain bound by the duty of confidentiality.
The duty of confidence prevents you from using or transferring any of the confidential
information that you acquired during your employment or as a result of your recent
conduct.
12. The duty of confidence is an incident of your employment relationship with XXX, and is
imposed in equity. Our client is entitled to restrain by injunction any breach or threatened
breach by you of your duty of confidence. You should be under no misapprehension as
to the seriousness with which our client treats your conduct. Our client will seek urgent
interlocutory injunctions against you to protect its valuable confidential information and
trade secrets unless you immediately comply with the requirements set out below.
C. Intellectual Property Rights
13. Given that the data base contains files that were developed by XXX, and are unique to
its business, it is clear that copyright will also subsist in this information. Copyright
belonging to XXX is protected by the Copyright Act 1968 (Cth).
14. Having regard to the secret and commercially sensitive nature of the data base, it may
also be proprietary information protected by law as a trade secret.
15. Consequently, your conduct may have infringed our client’s intellectual property rights.
Demands
Given your obviously dishonest actions, our client is entitled to take this kind of conduct very
seriously and will take all steps necessary to prevent you [and any new employer] from profiting
from your unlawful conduct.
In order to rectify the situation to the satisfaction of our client, we require that you:
1. Deliver up to this office (marked to the attention of XXX) the following:
(a) Any printed copies of the:
(i) The files you deleted from our client’s system on 10 March 2016; and
(ii) The data base you uploaded on 10 March 2016.
(collectively XXX’s confidential information)
(b) Any other repository or storage device (including a computer hard drive or disc)
on to which confidential information belonging to XXX has been copied; and
(c) Any other confidential business information of XXX in your possession.
2. Undertake that you will not copy, use or transfer to any third party, XXX’s confidential
information or any part thereof, or any other confidential information in your possession
belonging to our client; and
3. Provide a statutory declaration made by you to the effect that:
(a) The property of XXX that you are returning [if any] comprises all of XXX’s
confidential information, documents, intellectual property and items you took from
XXX;
(b) You have not retained copies of XXX’s confidential information or any part
thereof;
(c) You have not provided copies of XXX’s confidential information or any part
thereof to any other person; and
(d) You have not communicated any of the information comprising or consisting of
XXX’s confidential information to any other person.
Our client’s rights to damages against you are reserved.
Our client’s demands are not negotiable. Should you fail or refuse to comply with any of the
above demands by 4.00pm on Monday , 30 May 2016, our client has instructed us to apply for
urgent interlocutory injunctions without further notice to you.
If such action is necessary, our client will produce this letter to the Court on the substantive
issues and on the question of costs, which will be sought on an indemnity basis.
Yours faithfully |
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西班牙海鲜饭试验版 (2005-12-23) 小米 
发表于 2016-5-9 14:48
