The plaintiff employer obtained an interim injunction without notice preventing a former employee from contacting its customers and suppliers.
On the return of the injunction, the defendant argued there was no urgency, no misuse of confidential information, and that he was not in a fiduciary position.
The court found the employee held a technical support role without special access to trade secrets and that the plaintiff had misunderstood certain evidence regarding alleged competing work.
Applying the test for interlocutory injunctions, the court concluded the plaintiff lacked a strong prima facie case, had not demonstrated irreparable harm, and that the balance of convenience favoured the former employee's ability to earn a living.
The interim injunction was therefore not extended.
