The cross-claim filed with the court by Noble’s legal team names Devaraj as one of the defendants, along with Secure Logic itself.
Noble’s cross-claim alleges that in early 2015, Deveraj made representations suggesting that Noble would be transferred a percentage shareholding in a company within the Secure Logic Group. It is understood that the transfer was expected to happen within two months of his employment.
Noble’s action alleges that Devaraj further represented to Noble that if he became an employee of the Secure Logic Group of companies, he would be transferred up to 12 per cent of the total shareholding in the Secure Logic Group.
Devaraj allegedly personally guaranteed Noble a minimum profit of $10 million if the former executive's shares in the Secure Logic Group of companies were sold.
Noble’s cross-claim alleges that Secure Logic and its founder breached the employment contract Noble had entered into by failing to pay him his full salary and expenses according to the contract he had signed upon joining the company, along with what he was owed under an agreed-upon sales and incentive plan (SIP).
Most importantly, Noble’s action alleges that Secure logic breached its contract with him by not implementing any key performance indicators against which Noble could be eligible to receive six per cent of the total shareholding in the company, as allegedly agreed to in his contract with Secure Logic.
Broadly, the cross-claim sees Noble take action against Secure Logic and Devaraj for losses and damages arising from the alleged loss of salary, expenses, a percentage of the total shareholding in the company, loss of the opportunity to trade shares, and loss of an opportunity to obtain a SIP bonus.
Noble's claims cumulatively amount to a potential value of more than $10 million, according to the court documents.
Secure Logic said it denies the allegations and is defending the proceedings “vigorously”.
A spokesperson for the company told ARN that on 9 November 2017, Noble failed in a bid to obtain evidence to substantiate his alleged cross-claim when the Supreme Court ordered that various notices to produce and subpoenas issued by him be set aside.
“As an information security company we take the preservation of confidential information extremely seriously and this extends to our own business development information,” the Secure Logic spokesperson told ARN.
“We have no hesitation in enforcing our rights when it comes to our own confidential information. We will vigorously pursue any instance where this is breached,” the spokesperson said.
Noble told ARN in a statement that he believes the proceedings were initiated by Devaraj and Secure Logic to prolong judgement on the associated breaches of his privacy and to delay payment of what was owed, and that they have been successful in that respect to date, but that "eventually justice will prevail".
Noble also said that he invested significant effort to help build the Secure Logic Group and has "not even been paid basic wages and expenses for his period with the company".
Additionally, he claimed that Secure Logic and Devaraj fought vigorously to prevent the disclosure of full financial accounts across the Group and that he accepts and respects the judgement made that will protect their privacy at this point in the proceedings.
The case continues.
Join the CIO Australia group on LinkedIn. The group is open to CIOs, IT Directors, COOs, CTOs and senior IT managers.