Brief Facts:
On confidentiality, in the above cited case, the Claimant was dismissed for transferring restricted company documents from his work email to his personal email without authorization, violating the Respondent’s policies on gross misconduct.
Case Analysis:
The claimant did not dispute the transfer, explaining that he did so after being summoned by the Directorate of Criminal Investigations Insurance Fraud Investigation Unit regarding fraudulent KPLC public liability claims. Feeling threatened with prosecution, he gathered the documents for his self-defence.
The Respondent argued that the documents contained critical and confidential information on fraudulent claims paid on behalf of KPLC.
Court's Determination:
However, the court found that since the Claimant only transferred the information to his personal email and did not share it with unauthorized third parties, he did not breach the confidentiality clause in his contract.
There was no evidence that the information was disseminated beyond his personal possession.
The full case is available Here
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