Singer obtains enjoining order against ex-employee

Friday, 25 November 2011 00:00 - - {{hitsCtrl.values.hits}}

By T. Farook Thajudeen

A Colombo Court restrained an ex-employee of the Singer Sri Lanka (PLC) from providing information to a third parties about the clientele of Singer Sri Lanka, their business secret and business knowledge gained from singer while working as an employee of Singer Sri Lanka.

He was also restrained for a period of three years commencing from 26 August 2011 from engaging in as a business partner, Director, Agent or as an Advisor in a similar capacity in which the defendant had worked while in Singer Sri Lanka.

Colombo District Judge W. R. R. N Ranjith Watupola restrained the former Singer Sri Lanka employee Dilina Perera on considering the submissions made by Senior Counsel M. U. M. Ali Sabry appearing with Erusha Kalidasa and Ruwantha Cooray instructed by Sanath Wijewardena on behalf of Singer Sri Lanka.

Sabry contended that the plaintiff company is pioneers in dealing with sewing machines and industrial sewing machines for over a century. Subsequently the company expanded their business in dealing with household items and electrical equipments.

Their sinister company Apparel Solutions among their other business specially imported embroidery machines to Sri Lanka from SWS Sunstar Company Limited from Korea and sold them to their clients with a warranty.

The defendant Dilina Perera joined the Apparel Solutions Company on or about 1 June, 2003 as a trainee sales representative. The counsel said on or about 2004 the first defendant was entrusted with the controlling of business of SWF Embroidery machines and the first defendant dealt with the customers and the suppliers directly.

Consequently the defendant was promoted as the Assistant Manager on 1, July 2007.

The counsel contended that the defendant while working in that capacity had gained experience and knowledge on every sphere of the business.

He claims that the knowledge the defendant had gained while working as a servant of the company, the defendant had offered to third parties and their business rivals causing severe loss to the company.

The counsel claim that the defendant is bound to not to disclose the trade secrets of the company to any other party according to the agreement entered with the company by the defendant when obtaining the job.

Therefore o restrain the defendant from disclosing the trade secrets to any other party by way of an injunction. The plaintiff filed this case against the defendants Dilina Perera and SWF Embroidery Solutions (PVT) Ltd.