![]() ![]() ![]() Apart from forwarding information, discussing work via mobile applications has become even more common since the lockdown. A majority of those who work from home would use their own personal digital devices such as laptop, tablet or mobile to perform their daily work tasks and it is also convenient for employees to transmit information from work, which can be confidential, to their own devices. Since the outbreak, many offices in Thailand have adopted a work-from-home (“WFH”) policy. The above interpretation proves even more interesting during the recent COVID-19 outbreak. This interpretation may raise a question of whether keeping the information in other forms, electronically or not, such as keeping documents in one’s home, will be considered disclosure of information, given that it can also lead to information leakage. The court reasoned that forwarding the information to personal email account might lead to information leakage and leave the employer unable to prevent the leakage. Despite the employee arguing that he did not disclose such information to anyone and merely kept it in his own account, the court was of the opinion that the employee had already disclosed the information. whether forwarding the information to the employee’s personal email account was regarded as “disclosure”. The court further deliberated this major issue of the case, i.e. Given that the documents containing the revealed information clearly specified that the information is confidential information and the employer has an obligation with an external third party to keep the information confidential and not disclose it without consent from such respective third party, the court, therefore, opined that the employee acknowledged and was aware of the nature of the confidential information.Īpart from the issue concerning the employee’s material breach of his obligation, another issue which should come into consideration is “How did the court view the employee’s action as disclosure?” (b) The employee’s awareness of the confidential nature of the disclosed information The court is, therefore, convinced that the employee was aware of his confidential obligation during the disclosure and ![]() Besides that, the working regulations of the employer also explicitly express a protocol, which prohibits any employee from disclosing sensitive information without consent from the employer. In this case, before the employment commences, the employee and the employer had signed a non-disclosure agreement whereby the employee agrees not to disclose confidential information that the employee would be receiving during his employment. (a) The employee’s awareness of his confidential obligation In consideration of the employee obligation and the confidentiality level of the information, the court tested the following regimes and was convinced that the employer placed importance on confidentiality: As such, revealing the information was considered a breach of material obligation by the employee. Additionally, the employee was not entitled to any compensation nor severance pay.Īccording to the decision, it can be deduced that the court in this case views the information related to the operation and management of the employer as confidential and sensitive in nature. The court decided that the employment termination was fair and lawful, where the employer is not required to inform the employee in advance for such dismissal. Thailand: The Supreme Court recently dealt with a case in which an employee was dismissed after forwarding confidential work-related information to his personal email account (Supreme Court Decision No. July 12, 2022ī y Chai Lertvittayachaikul and Piti Kerdp u, Kudun & Partners IHC Magazine: Counsel of the Year, 2021, Results and Awards, plus more.Q&A with Ira Eddymurthy of SSEK as They Celebrate 30 Years of Operation March 9, 2023.Getting to know… Peter Godwin of Herbert Smith Freehills, Malaysia May 24, 2023.Getting To Know…Paul Haswell July 12, 2023.In-House Community Counsel of the Year, 2021 – Awards and Results July 18, 2022.Submissions Open for 2023 In-House Counsel of the Year Awards March 1, 2023.In-House Community Magazine: Feb 2023 issue including Firms of the Year 2022 Results March 1, 2023.In-House Insights with Francesca Gori of Accenture Legal December 15, 2022.How to Harness an Agile and Innovative Mindset During Periods of Change or Uncertainty December 20, 2022.In-House Insight with Terence Fernando of Coca-Cola July 12, 2023. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |