Recruitment firm secures orders preventing ex-employees from using company's confidential information to solicit customers
A recruitment company has brought High Court proceedings aimed at restraining two of its former employees and their company from soliciting any of its business or its customers.
The action has been brought by Robert Walters Ltd, which recruits people in sectors including banking, legal and finance, against Mark Fallon, Andrew Murphy and their company Cooperman Ltd, which has a registered address in Tullamore, Co Offaly.
Robert Walters claims the two, before leaving the company earlier this year, allegedly misappropriated a very significant quantity of highly sensitive and confidential information which the company says belongs to it.
The information, Robert Walters claims, is to be used in their new recruitment business, Cooperman Ltd.
At the High Court today, Robert Walters, represented in court by Padraic Lyons Bl, secured an interim injunction preventing the defendants from using any confidential information belonging to the plaintiff.
The defendants are further restrained from approaching any customer of Robert Walters or soliciting any of its employees or customers.
The injunction also states that any material or data in the defendant's possession that is owned by Robert Walters must be returned to the plaintiff.
Seeking the injunction counsel said both defendants had restrictive covenants in their contracts of employment stipulating that they would not solicit any client of the firm for a period of six months post-termination.
Counsel said Robert Walters, based in the IFSC in central Dublin, claims Mr Fallon of Rathganny, Multyfarnham Co. Westmeath, and Mr Murphy of Lodge, Portarlington Co. Laois, had previously held senior positions with the company.
Mr Fallon told the firm he intended to leave in January, and Mr Murphy said he was leaving in February to work for a competitor, counsel said.
Mr Murphy was put on gardening leave which expired in May. Mr Fallon was not put on gardening leave, as he indicated to the firm that he intended to travel and had no plans.
Counsel said it is his client's case that neither man told Robert Walters Ltd of their intention to set up a new recruitment business.
Counsel said it is his client's position that the defendant's actions have manifestly acted in breach of their contracts with Robert Walters and have unlawfully appropriated data and information that does not belong to them for their own use.
His client is also concerned that the defendants will also seek to solicit some of its employees.
Undertakings were sought from the defendants but were not given, counsel said.
The temporary injunction was granted on an ex-parte basis by Ms Justice Leonie Reynolds. The judge acknowledged the serious issues raised in the action and adjourned the case to next week.
