Storage vendor, CommVault, has reached a settlement out of court with former managing director, Dominic Corrigan. He was suing the company for wrongful dismissal after being sacked less than three months into his employment.
Corrigan claimed he had protested against CommVault’s alleged culture of excessive alcohol consumption, sexism, bullying and financial wrongdoing.
He also claimed the vendor had breached Section 340(1) of the Fair Work Act 2009 by sacking him just five days before his three-month probation period was set to end.
But the settlement has reached a legal hiccup with the ruling judge, Justice Geoffrey Flick, asking both parties to provide a reason why the vendor should not be publicly penalised and fined.
“I would’ve thought there was a public interest to be served by imposing a penalty,” he said. “If the…settlement only includes the private interests of the parties, why should I make any orders that doesn’t address the public interest?
“If I’m boxing at shadows then a little note telling me I’m boxing at shadows would be appreciated.”
The legal representatives of one of the parties then said Justice Flick was “boxing at shadows” and claimed the area was not of legitimate concern when the case involved litigation between two private parties.
The settlement between both parties is confidential and is set to be finalised by Wednesday morning at 10:15am.
Dominic Corrigan is currently the CEO of charity company, Fighting Chance Australia, which seeks to help children with disabilities. He was previously a contestant on Masterchef Australia and a general manager at Dell Financial Services.