A Dublin payroll manager who admitted to spying on his employer for a competitor has escaped court sanctions despite deliberately destroying evidence he was ordered to preserve by the High Court.
Keith O’Brien faced potential jail time for contempt after admitting he destroyed a phone with an axe and disposed of it in a drain at his mother-in-law’s house, directly violating court orders.
Rippling, a US-headquartered multibillion-dollar HR software provider, initiated High Court proceedings against their former employee last month, alleging he passed trade secrets to rival company Deel while working at Rippling’s Temple Bar office.
In Thursday’s hearing, Mr. Justice Mark Sanfey determined there was “no purpose served” by punishing O’Brien, despite acknowledging his actions were “blatantly” in contravention of court orders and had “done damage” to the litigation.
The judge noted that after receiving legal advice, O’Brien began cooperating with Rippling’s legal team and has taken “serious and genuine” steps to remedy his conduct. Mr. Justice Sanfey expressed satisfaction that O’Brien now recognizes his wrongdoing, accepts the serious nature of court orders, and has complied with directions “as much as possible.”
Matthew Jolley BL, representing O’Brien, told the court his client has suffered considerable personal consequences, including job loss, privacy invasion amid national and international media attention, and concerns for his family’s safety. Jolley stated O’Brien’s reputation has endured “untold damage.”
In a sworn statement opened to the court last week, O’Brien confessed to passing “a lot” of confidential company information to Deel’s chief executive, Alex Bouaziz, in exchange for thousands of euros in monthly payments. O’Brien claimed Bouaziz suggested he “become a ‘spy'” after they connected on LinkedIn, specifically “mentioning James Bond.”
O’Brien further alleged that after Rippling discovered the arrangement, Deel’s in-house lawyer, Asif Malik, directed him to make false statements to the High Court, the Central Bank of Ireland, and Deel’s Irish solicitors, claiming Rippling facilitated sanctioned Russian payments and that he was being harassed for reporting such payments.
Following Rippling’s application, Mr. Justice Sanfey ordered that Bouaziz (with an address in Paris), Malik (reportedly now in Dubai), and Rome-based Andrea David Mieli (another Deel lawyer) be joined to the proceedings against O’Brien.
Marcus Dowling SC, representing Rippling, informed the court that Deel has described the allegations as “baseless,” but Rippling has yet to hear directly from the defendants. He clarified that while his clients have settled with O’Brien, the proceedings against him remain active.
O’Brien, of Ringford Avenue, Balrothery, Co. Dublin, attended the hearing with his wife but did not address the court.
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