This case shows that the violation of a general rule of confidentiality is probably not considered a condition by the courts and indicates how the clause could be formulated as a condition of the agreement in order to increase the likelihood that the employer will benefit from the desired protection. While an employer wants to ensure that the terms and circumstances of a settlement agreement remain confidential, it is important to ensure that the agreement, and in particular the confidentiality clauses, are well drafted. This means that the agreement is less likely to be challenged and contributes to ensuring that in the future there is no adverse publicity or breach of an employer`s legal obligations towards the worker. Transaction agreements typically contain a confidentiality clause that requires a staff member to keep the existence and terms of a transaction confidential. It is recalled that if the confidential aspect of a settlement agreement is particularly important to an employer, it should ensure that it is properly protected. .