DDL Security Services (Pty) Ltd t/a 24 Security Services v Wyman and Others (21886/20) [2020] ZAGPPHC 332 (27 July 2020)

DDL Security Services (Pty) Ltd t/a 24 Security Services v Wyman and Others (21886/20) [2020] ZAGPPHC 332 (27 July 2020)

The court found that Wesley Wyman breached the confidentiality clause of his employment contract by accessing and using confidential information of the applicant after his resignation. The evidence showed that Wesley retained and used unique passwords and client information, which constituted confidential information. The court held that while there was no restraint of trade agreement, the respondents could not use the applicant's confidential information to solicit business from its clients. The application was properly brought in the North Gauteng High Court, Pretoria, as there was no prejudice to the respondents. The court granted an interdict restraining the respondents from using the...

Citation
[2020] ZAGPPHC 332
Parties
Applicant: DDL Security Services (Pty) Ltd t/a 24 Security Services; Respondent: Wesley Wyman; Respondent: Remote Monitoring CC; Respondent: Remote Off-Site Monitoring (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 July 2020
Case Number
21886/20
Procedural Posture
Urgent Application / Final Interdict Application in Urgent Court
Outcome
Application granted in part; interdict issued restraining respondents from using applicant's confidential information; costs awarded against first and third respondents jointly and severally.
Judges
Ranchod
Legal Topics
Confidential Information, Employment Contract, Unlawful Competition, Interdict, Joinder, Costs Order
Commercial and Corporate Civil Procedure Confidential Information Employment Contract Unlawful Competition Interdict Joinder Costs Order

Case Brief

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Parties

DDL Security Services (Pty) Ltd t/a 24 Security Services

Applicant

Wesley Wyman

Respondent

Remote Monitoring CC

Respondent

Remote Off-Site Monitoring (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Interdict Application in Urgent Court

Legal Issues

  1. 1 Whether the first respondent breached the confidentiality clause of his employment contract with the applicant.
  2. 2 Whether the first respondent engaged in unlawful competition with the applicant by soliciting its clients and using confidential information.
  3. 3 Whether the respondents should be interdicted from utilising the applicant's confidential information.

Ratio Decidendi

The court found that Wesley Wyman breached the confidentiality clause of his employment contract by accessing and using confidential information of the applicant after his resignation. The evidence showed that Wesley retained and used unique passwords and client information, which constituted confidential information. The court held that while there was no restraint of trade agreement, the respondents could not use the applicant's confidential information to solicit business from its clients. The application was properly brought in the North Gauteng High Court, Pretoria, as there was no prejudice to the respondents. The court granted an interdict restraining the respondents from using the...

Court Disposition

Application granted in part; interdict issued restraining respondents from using applicant's confidential information; costs awarded against first and third respondents jointly and severally.

Orders

  • Remote Off-Site Monitoring (Pty) Ltd is joined as third respondent with no order as to costs.
  • The first respondent is interdicted and restrained from utilising applicant's confidential information in furthering his own business interests, whether personally or through any legal entity in which he has a direct or indirect interest as employee, consultant or owner.