Injunction Against Former Employees

Injunction Against Former Employees

 

If a former employee is engaging in prohibited conduct under the employment contract after the termination of their contract, the employer may consider applying for injunction relief from the Court.  

An injunction is an Order from the Court which either prevents a party from doing something or forces a party to do something.

 

Some common scenarios for seeking an injunction against an ex-employee :-

• misuse of former employer’s confidential documents/information;
• competition with former employer’s business; and
• solicitation of former employer’s clients/customers.

 

In applying for the injunction, the former employer has to prove to the Court :

(a) there is a serious issue to be tried;

(b) the threat of irreparable harm to the former employer if the prohibited activity continues;

 (c) the balance of convenience favours the employer (“balance of convenience test”).

 

For the balance of convenience test, the Court will take into consideration the following:

• Actual or potential damage to the employer’s business;
• Inconvenience to the employee (financial or other);
• Whether an undertaking has been given by the employee to abide by the contractual provision that is now being enforced or prevented from being breached;
• No relief is being sought other than is strictly necessary.

 

For legal advice or services on employment disputes, please contact

CHOW & CHEUNG, Hong Kong Solicitors & Notary Public [cac@ccsn.hk  / +852 2856 3799]

www.ccsn.hk