The Suva High Court has rejected an injunction request by R. Hooker Pte Ltd against its former employee, Nivesh Stanley Joseph, determined that the company did not present convincing evidence of any breach of confidentiality or client poaching by Mr. Joseph. The ruling was issued by Justice Anjala Wati on July 25, who emphasized that an individual should not be prevented from pursuing a livelihood as a real estate agent without substantial legal grounds.
In her analysis, Justice Wati stated, “There is no claim for injunction sustainable on such a questionable agreement,” reinforcing that the Constitution grants individuals the right to choose their profession. The court further found that allegations of client poaching lacked merit since there were no active contracts with the clients mentioned, meaning they were free to work with any agent of their choice.
Moreover, claims regarding unauthorized use of training documents and a Viber group were dismissed, as the court noted that no credible evidence had been provided to support these allegations. Justice Wati remarked that such claims were merely speculative without any concrete proof.
This ruling serves as a reminder of the importance of fair employment practices and the protection of constitutional rights in post-employment scenarios. The court underscored that employers must substantiate their claims with credible evidence, promoting a just environment for former employees seeking to continue their careers.
In light of this decision, it can be viewed positively as a reinforcement of individual rights and fair treatment in employment, encouraging a healthy dynamic in employer-employee relationships.
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