A former Zscaler chief technology officer has had his workplace lawsuit temporarily gagged by the Federal Court, amid fears publicity could scuttle behind-closed-doors mediation talks.
The US tech giant won orders suppressing key court documents in the employment dispute, brought on by former staffer Antonie Falco
Mr Falco worked at Zscaler for about 14 months between April 2024 and June 2025, most notably as CTO-in-residence based in Australia.
He launched proceedings against the Californian-based cloud security company in September last year, alleging “adverse action” under the Fair Work Act.
Court documents state Mr Falco is seeking “declarations of contravention, compensation and civil penalties”.
However, what Mr Falco alleges occurred inside Zscaler has not yet been revealed, with key documents now subject to suppression orders.
The allegations of adverse action are denied by both respondents, Zscaler and Pamela Kubiatowski.
Ms Kubiatowski is listed on the company’s website as a senior technology leader at Zscaler.
The court process, known as an interlocutory application, sees the request for a temporary court order to stop someone from doing something until a full trial can take place.
This application was triggered after a media outlet requested access to the court file two days after the proceedings began.
Zscaler argued the release of the documents would jeopardise the success of a mediation process the parties had agreed to undertake by March.
Mr Falco neither consented to nor opposed the suppression orders.
Justice Bromwich ultimately ruled in Zscaler’s favour, granting the orders.
Handing down his decision in the Federal Court in New South Wales this week, Justice Bromwich said releasing documents – including the originating application, concise statements, affidavits and submissions – would “imperil the success of the pending mediation”.
The court ordered the documents remain confidential until May or seven days after the mediation process ends.
“I am satisfied that the disclosure of the (documents) would, at this stage, be prejudicial to the proper administration of justice because it would likely imperil the success of the pending mediation,” Justice Bromwich said.
“I am therefore satisfied that suppression and non-publication orders … should be made.”
News Corp has contacted Zscaler for comment.
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Originally published as Antonie Falco workplace lawsuit against Zscaler gagged by court
