Foreign exchange player Convera argues allegations an executive bullied one of its former staffers and that it overcharged online homewares player Koala on hedging products are “variously vague, misdirected, and irrelevant”.
Convera argued Mr McDonald’s allegations reflected “grievances on the part of the applicant that are variously vague, misdirected and irrelevant”. AP
The response, filed to the Federal Circuit Court this week, comes more than a month after ex-employee Kristopher McDonald alleged that Convera had breached his contract and unlawfully sacked him in mid-April. He wants it to pay $90,000 in unpaid entitlements, allowances and superannuation, as well as to face a financial penalty for alleged breaches of the Fair Work Act.
Central to the complaint was his alleged treatment after Convera took on Koala as a client in May 2021. Mr McDonald thought Convera had overcharged the start-up, yet claimed his concerns were dismissed when he escalated the matter.
But Convera argued Mr McDonald’s allegations reflected “grievances on the part of the applicant that are variously vague, misdirected and irrelevant”.
“Expressions of dissatisfaction as to the management of the business, for example, cannot and do not bolster the legal claims constituting these proceedings,” argued Convera’s lawyers.
“They are therefore embarrassing and would be subject to striking out.”
The response said Koala had started dealing with Convera in 2019, two years before Mr McDonald had claimed, and that it had not generated $700,000 in revenue due to one transaction as was alleged. Convera argued Mr McDonald’s view on its fee structure, either way, was “irrelevant” to his case.
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