3 Jul 2003
GRANT COLIN MORRIS V INTERCHEM AGENCIES LIMITED CA CA185/02
- Citation
- openlaw-b80d7fb0_0081_4a04_a449_3bc6acdfe43c.pdf
- Court
- Court of Appeal
The Employment Court's factual findings that Mr Morris obtained the Printpack agency before leaving and that he was suspended not dismissed were supported by evidence and not susceptible to challenge on law; Mr Morris breached his duty of fidelity; however the Employment Court erred in assessing damages by failing to allow for the absence of restraints and the fact that, absent fiduciary duties, Morris could have lawfully approached Printpack after employment ended — damages must be reassessed on loss of chance taking that into account his freedom to resign and approach the principal.