The statement doesn’t claim any fact: it’s a hypotheical not unlike a “based on real events” movie/book/etc that never quotes or attributes specific actions to a subject.
And that’s why Atlassian is very likely to lose over and over as they appeal (but never say never these days in the US).
Was the CEO dialing in from the headquarters of an NBA team they owned? Yes.
Were they calling to aggressively dismiss employee claims (without video I cannot prove "yelling", but that is a way that word is used in common parlance)? Yes.
Does downleveling employees have a significant negative impact on their careers? Yes.
That’s a good point. If that was the only thing she said, it’s hard not to see it as a statement of fact (Although I’m sure lawyers could argue about pummeled):
> “What’s up Outragers, just dialing in from my NBA team’s headquarters to yell at the people whose careers I’ve just pummeled,”
The statement doesn’t claim any fact: it’s a hypotheical not unlike a “based on real events” movie/book/etc that never quotes or attributes specific actions to a subject.
And that’s why Atlassian is very likely to lose over and over as they appeal (but never say never these days in the US).