| Abstract: | A few months ago, a solicitor approached me on behalf of his client. The client suspected that an employee had stolen high value proprietary software, source code, customer databases, methodologies, and marketing and business development plans. The employee had been suspended and placed on what is euphemistically referred to as ‘gardening leave’. He had been ‘gardening’ for six weeks. The solicitor requested advice on how an investigation should proceed in order to prove, or disprove, these suspicions. His client was facing lengthy legal proceedings on the grounds of unfair dismissal. Significantly, neither the solicitor nor his client had any evidence that any information had actually been stolen other than rumours, office gossip and other hearsay. |
