Disgruntled Dunedin worker breaks confidentiality agreement in Facebook post

Saturday, 17 March 2018

 A disgruntled ex-worker still fed up with his old workplace posted details of a confidential settlement on Facebook.

Gary Hughes worked for Dunedin-based Adams Plumbing, Drainage and Electrical Ltd, but was dismissed in January 2016.

After lodging a personal grievance claim, both parties entered mediation and agreed to a settlement, which was confidential.

The company was to pay the agreed amount of money to Hughes within a week.

However on October 27, 2017 – over a year later – Hughes published the first page of the settlement, which outlined the amount of money the company agreed to pay.

'I've been very reasonable in my requests of documentation from Adams management, why can't you just reproduce my notice of termination, your really starting to F… ME OFF,' he posted on Facebook.

Some plumbers and customers alerted Mark Preston, an Adams' director, who inturn informed Hughes' lawyer.

Hughes was given to 5pm that evening to take down the post, or an application to the Employment Relations Authority (ERA) would be made.

Hughes removed the post at 5.30pm.

On October 31, 2017, Adams made an application to the ERA requesting Hughes repay the settlement amount because of the breach.

Hughes said he would be happy to pay the settlement back if he could have his dismissal case 'heard in the Employment Court'.

He alleged the company had breached the confidentiality agreement itself by telling employees and trades people why he had been dismissed.

In a decision released last week, the ERA noted Hughes was well aware of what he was doing in publishing the settlement agreement on his Facebook page.

Hughes alleged the company believed he had been under the influence of drugs while at work, but there was no proof of its claims.

He alleged other trades people believed that was the reason why he had been dismissed, and that his former company was the source of the rumour.

The ERA said Hughes intentionally breached the confidentiality terms of the settlement. It noted that on November 10, 2017, he posted on his Facebook page: 'Bring it on ADAMS, confidentially my ass, see you in court'.

Hughes later told the ERA he would be 'very angry' if a penalty was imposed.

'However, to underscore the seriousness of the breach and to protect the confidentiality of the settlement in the future I consider that a compliance order is necessary,' the ERA said.

He was ordered to pay $1000 to the ERA, and pay his former employer a filing fee of $71.56.