JUDGMENT

Rohana Yusuf JCA:

[1] This is an appeal against the decision of the High Court at Johore Bharu. The learned High Court judge allowed the respondent's claim against the appellant for breach of his term of employment. The said breach was in respect of the confidential information clause under his employment agreement.

[2] The appellant, an Indian national was employed as a manager in the Project And Engineering Service Department, in the respondent company on February 2005. He was terminated two years after.

[3] The respondent company was based in Pasir Gudang Johor Bharu. It was involved in the business of recycling palm oil or vegetable oil solid waste discarded by palm and vegetable oil refineries also known as Spent Bleaching Earth (SBE). SBE was used for two main purposes by the respondent. When SBE is collected from the refineries it contains 20 to 23% of crude palm oil. The respondent processed the SBE to extract the oil and produces Industrial Grade Palm Oil (IGPO). IGPO is sold as base oil for animal feed industry and lubricant in steel mills. This was the first purpose of SBE used by the respondent. After going through the process of oil extraction the balance