The defendant entered and found employment with the applicant's competitors. Shortly after her resignation, if the applicant, that the defendant had three e-mails to their personal e-mail account before leaving the company. The E affected-mails:
* Presentations they had made to the claimant to customers;
* Feedback from the customers, in relation to the plaintiff and the services
* The prices of the plaintiff's products.
The plaintiff was of the opinion that the information contained in the e-mail was confidential and therefore against the conditions of employment of the defendant. The plaintiffs against the defendant with their discovery.
The defendant explained that she had e-mails to their personal e-mail account in error and has offered to allow the applicants view their personal email account to show that they are not against the terms of their contract. The plaintiff tried to order the defendant to remain in employment, but was not successful.
The plaintiff then instructed his lawyers to write a letter to the defendant alleges that the defendant against the conditions of their employment, based on a breach of trust. The applicant also requested the return of all materials in the possession of the defendant. The defendant replied to the letter that the e-mails were not forwarded to third parties, and that once the mistake was discovered, she had not even opened.
The plaintiff did not on its letter. You committed against them and to request a preliminary injunction. They argued that sending e-mails on her personal account amounted to her "with" confidential information contrary to their contractual obligations. They also alleged that it is not immediately their materials, it was against the contract by it.
The application was dismissed. The court held that, if the e-mails remained unopened confidential information not be given to have "used" in a way in the violation of trust. Although they are still not immediately return the materials they had previously offered the claimant the authorization to their personal email account and delete the e-mails in connection with the applicant's confidential information.
Moreover, the Court held that the information is the subject of the complaint by the claimant was totally harmless and that the plaintiff had responded completely disproportionate. The question should not have been taken to court and the defendant company was appropriate.
© RT Coopers, 2006. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.
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