The plaintiff, an aluminum scrap brokerage, sought an urgent interlocutory injunction to restrain a former employee from competing against it.
The plaintiff alleged the employee breached fiduciary duties and a restrictive covenant in his employment agreement.
The court dismissed the motion, finding the plaintiff failed to establish a strong prima facie case.
The employee was not a fiduciary because the plaintiff was not peculiarly vulnerable to him, as deals in the industry are driven by price rather than relationships.
Furthermore, the restrictive covenant was an overly broad and unenforceable non-competition clause.
The plaintiff also failed to prove irreparable harm, and the balance of convenience favoured the employee.
