Harry Elias Partnership LLP has successfully acted for 3D Infosystems Pte Ltd in claims against its former employee and his new employer, a competitor of 3D Infosystems. The former employee was ordered to pay $445,686 in damages to 3D Infosystems after he jumped ship to the rival firm. The former employee and the competitor that hired him were also ordered to jointly pay another $433,742 to 3D Infosystems in damages.
The quantum of nearly $880,000 in damages awarded by Justice Chan Seng Onn, a senior judge, on Sept 16, 2024, is one of the highest in recent years involving employment disputes.
The claims against the former employee included those for (i) breach of contractual obligations and common law duties for his diversion of customers, business and employees of 3D Infosystems to the competitor; (ii) breach of confidence by wrongful disclosure and use of confidential information belonging to 3D Infosystems; and (iii) recovery of wrongful payments of commission and reimbursement of claims.
Claims were also brought against the both the former employee and the competitor, which included conspiracy for their diversion of customers, business and employees of 3D Infosystems to the competitor and inducement of breach of contractual confidentiality obligations.
Judgment on liability was granted in favour of the client on 18 July 2022. The competitor appealed to the Appellate Division of the High Court and the appeal was dismissed on 3 February 2023.
Partner and Head of Employment, Toh Wei Yi, was the lead counsel. She was assisted by Of Counsel Poon Pui Yee and Associate Louise Lin.
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