1Information extracted by an employee from an employer's records (such as a rent roll) into a personal working address book retains its confidential status even after transcription, but that status alone does not prevent post-employment use where the address book was compiled solely for the legitimate discharge of employment duties and not for any improper purpose.
2An ex-employee who contacts former clients after termination of employment using information from a working address book does not breach the implied duty of good faith and fidelity where the contact was for a proper purpose (such as informing clients of departure), no solicitation occurred, and the address book was not compiled in anticipation of competing with the employer.
3The implied term restricting post-employment conduct is narrower than the duty of good faith during employment; absent a restraint of trade clause, a former employee may canvass former clients, and use of memorised or incidentally retained client details does not of itself constitute breach of confidence.
Case Details
Citation[2000] SASC 240
CourtSASC
JurisdictionSouth Australia
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