An employer discovered that a former employee used confidential commercial information that came into his hands as part of his work for the company, for the benefit of his new employer.
The Court ordered the employee to compensate the employer due to the breach of fiduciary duty and good faith. When it comes to up-to-date internal information, which was not exposed to external parties but has commercial value to competitors and which the employee acquired by virtue of his position, the use of such information by the employee in a manner which is not for the benefit of employer will be deemed a breach of fiduciary duty and good faith even if such information does not constitute a trade secret, as defined by law. Here, it is an employee who was employed in a senior position and towards, and after, the end of his employment, used the information he had about quotes made to customers in order to issue competing offers on behalf of his new employer. Thus, it is a breach of fiduciary duty and an act in lack of good faith and the employee was ordered to compensate the employer.