In the case of Dunedin Canmore Housing Association v Donaldson, the Claimant brought proceedings for breach of a Compromise Agreement as (she said) she had not been in breach of a confidentiality clause.

There was clear evidence before the Tribunal that this was not true because as she had made various disclosures to third parties. The Tribunal however declined to award costs on the basis that the Tribunal thought she had had to bring the proceedings, as the employer had alleged that she had breached the clause. The decision was appealed by the employer and the Employment Appeal Tribunal disagreed with the Tribunal.

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