We discussed the fact that both an employee as well as an employer have to mantain confidentiality with regards to the confidentialty provisions in a compromise agreement. We are now going to look at what could happen if such provisions are breached by either party. In summary:
- The party claiming breach would need to have proof of the breach. This is what its referred to as evidence.
- Once proof is obtained/secured, then a letter before action should be sent to the party in breach.
- If at the end of the requisite period given to the party in breach to respond (usually7 – 21 days), there is no resolution, the next stage is to bring proceedings in the court for breach of confidential information.
- The aggrieved party has to make an assessment of damages.
- Always ensuring that you obtain sound legal advice.
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