An Employment Court judge has told Jarden she has no jurisdiction to rule on its demands for cloned work phones after claims of a rival investment firm’s raid on staff.
Judge Kathryn Beck ruled on Jarden’s application for “deliver up” orders after the firm sued former executive Dan Reynolds and co-head of investment banking Silvana Schenone.
Such an order compelled a person to return specific goods, documents, or infringing copyright items in their possession.
The case was heard in the Employment Court last week.
Jarden demanded Reynolds and Schenone hand over information cloned from work devices amid claims of a poaching plot.
For Reynolds and Schenone, Philip Skelton KC argued the Employment Court had no jurisdiction to force the clones to be handed over.
“The clones contain the respondents’ personal and private information, [and] may contain privileged information.”
He said Jarden was upset about Barrenjoey entering its market and was speculating without any evidence that Reynolds and Schenone had breached employment agreements.
Jarden counsel Brian Dickey KC said it was unacceptable that the phones were cloned without Jarden’s independent forensic expert present.
He said the Australian company “tried to raid a wide spectrum of staff” across all Jarden business divisions.
Jarden indicated that if the Employment Court declined the application for want of jurisdiction, it would re-file its application in the Employment Relations Authority.
“After having heard from the parties, the current application is declined for want of jurisdiction,” Judge Beck said.
“The applicant should proceed with urgency in the authority.”
John Weekes is a business journalist covering aviation. He also has experience covering consumer affairs, crime, politics and courts.
