Healthcare-software provider iSoft has taken aim at a central point of Brian Cohen's $1.4 million lawsuit against the company, saying today in court that a supposedly key contract cited in the case is mostly irrelevant.
Cohen took iSoft to court last year, alleging that it had breached his contract during his time of employment by allegedly failing to pay him correct remuneration, long-service leave, contract allowances and retention payments.
Court documents obtained by ZDNet Australia last year claim that Cohen worked for iSoft under a three-year employment contract set out in February 2000. Cohen was transferred to the Bangalore office under a secondment with iSoft Asia, before another move to Chennai, India, in 2007.
Cohen alleges in court documents that he missed out on other payments, including a one-off incentive and retention payment of $100,000 due to his family relationship with company founder and then-managing director, Gary Cohen.
Yet, Justice Geoffrey Flick heard in a Sydney court this morning that Cohen "never worked a day in Australia" under the contract signed in 2000.
"This gentleman [Cohen] never performed a day's work in Australia. He was a resident of Singapore, he worked out of Singapore ... and Chennai. He was never paid under the 2000 contract entity," said iSoft's legal representative, adding that Cohen was instead paid by the second respondent in the case, iSoft Asia.
The comments came when Justice Flick attempted to decipher an amended statement of claim handed to him by Cohen's legal representative.
The two parties are set to meet for mediation shortly before reappearing in court on 2 April.