A recent decision of the Fair Work Commission to uphold the
dismissal under the Small Business Fair Dismissal Code highlights
the value to business of ensuring employment agreements include
important intellectual property protections.
In August 2021 Amplified AI Pty Ltd (AAI) dismissed its Head of
Design, James Mansfield, for breach of confidentiality obligations
and infringement of its intellectual property
(IP). In the decision in James Mark Mansfield
v Amplified AI Pty Limited [2021] FWC 6702 (30 December 2021)
the Commission upheld the dismissal under the Small Business
Fair Dismissal Code 2011.
The background
Upon his engagement with AAI, Mr Mansfield signed both an
employment agreement, and a confidentiality and IP assignment
agreement, requiring him to protect all aspects of AAI's
intellectual property and inventions, and not disclose any of the
IP without prior written consent of AAI. The confidentiality
agreement provided an opportunity for Mr Mansfield
