The Suva High Court has dismissed an injunction application by real estate firm, R. Hooker Pte Ltd against its former employee, Nivesh Stanley Joseph, ruling that the firm failed to provide credible evidence of breach of confidentiality or client poaching.
Justice Anjala Wati delivered her ruling on July 25 and held that Mr Joseph could not be restrained from earning a livelihood as a real estate agent, and that no valid legal basis existed for the sought injunction.
“There is no claim for injunction sustainable on such a questionable agreement,” said Justice Wati.
“The court cannot restrain the defendant (Mr Joseph) from participating in economic life, including choosing his own trade or profession under section 32 of the Constitution.”
On the allegation of poaching, the Court ruled there was no evidence of ongoing contracts with the clients in question, and they were free to engage other agents.
The Court also dismissed claims about unauthorized use of the Viber group and training documents, stating no credible evidence was presented.
This ruling reinforces the importance of fair employment practices and the protection of constitutional rights in post-employment disputes.
“There is also no evidence to indicate that the defendant continues to contact the plaintiff’s existing clients and their legal representatives to follow up on settlements or that he is in possession of the training materials and is using the same for the benefit of his clients.”
“These are just bare allegations without an iota of evidence. The plaintiff’s allegation that the defendant has transferred the company documents to Google Drive without authorization is not supported by any evidence to be considered for determination.”
