Testimonies
We heard the witnesses on behalf of the plaintiff:
Mr. Lior Lankri, an employee of the plaintiff since January 8, 2020 and serves as a business development manager in the financial field;
Mr. David Mordechai, an employee of the plaintiff since March 19, 2014;
Mr. Shahar Simach, Director of the Business Development Department at the Plaintiff;
Mr. Eliran Ozan, President of the Plaintiff;
Mr. Lior Bustani, an employee of the plaintiff since July 1, 2019 and serves as the head of the PPC team in the field of gambling.
On behalf of the defendants, Mr. Raz Jorgenson, the defendant, and Mr. Yogev Oz, the defendant's CEO and shareholder, testified.
Decision
After hearing the testimonies, reviewing the documents submitted and examining the arguments of the parties, we came to the conclusion that the claim should be accepted in part.
The employment agreement between the plaintiff and the defendant
- On July 22, 2020, the defendant began working for the plaintiff as a business development manager. As part of his work with the defendant, the defendant acted to promote the plaintiff's customer relations with its partners, customers and suppliers, and matters related to the plaintiff's business activity.
- The defendant's employment agreement contains non-disclosure and non-compete clauses. Among other things, the defendant's employment agreement (appendix to the defendant's affidavit) states:
7.1 During the entire period of the employee's employment and thereafter, the employee undertakes to maintain complete and absolute confidentiality and not to use or disclose to another or others in any form and manner any information relating to the Company's services, products, developments and inventions (including whether they will be the fruits of the employee's idea or development during the period of his employment with the Company), product designs, materials used by the Company in its designs and the manner in which such materials are used. The Company's plans, the work techniques applied therein, the data relating to its economic and financial system, the costs and price list of services, the content of the agreements in which it has entered into it, its future plans and any other information that is or may be used by the Company for the purpose of its business activity (including lists of potential customers), and whether or not the information can be protected as a patent or as an intellectual property right or recognized as a quasi-proprietary right (hereinafter: "Protected Information"). Whether it relates directly or indirectly to his work in or in connection with the Company or in connection with the Company's business, customers and affairs, including everything related to the Company's mode of operation. In addition, not to harm the company's reputation and its good name and/or its customer base. The employee hereby undertakes to keep in absolute confidentiality all information regarding the terms of his employment, the manner of his employment and any other information related to the Company in relation to the engagement between the parties.