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HIGH COURT MALAYA KUALA LUMPUR
FP STENCIL SDN BHD – Appellant
Versus
NG SIEW PHEI – Respondent
| Table of Content |
|---|
| 1. employment contracts define obligations. (Para 1 , 2 , 4 , 5 , 7 , 29) |
| 2. defendant's actions post-resignation are critical. (Para 6 , 10 , 12 , 13 , 14 , 15) |
| 3. plaintiff alleges breaches of contract. (Para 30 , 34 , 35) |
| 4. duty of confidentiality and implied terms discussed. (Para 38 , 39 , 40 , 80) |
| 5. deliberate deletion and misuse of information established. (Para 55 , 58 , 62 , 70 , 78) |
| 6. unlawful interference with trade claimed. (Para 84 , 89 , 91) |
Introduction
[1] It is common for employment contracts to contain terms and conditions of employment in relation to rights, responsibilities, and obligations of both parties and in some situations, the obligations may remain post cessation of employment. If and when allegations arise that there has been a breach of those obligations, an employer will generally not hesitate to take legal action against an employee. This is one such case.
[2] The Plaintiff commenced these present proceedings against the Defendant based on multiple causes of action, ie breach of employment contract; breach of duty of confidentiality; breach of fiduciary duties and fidelity; unlawful interference with the Plaintiff's busi
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