Law. Faith. Justice. Community. Culture.
In Asia Petworld Pte Ltd v Sivabalan s/o Ramasami [2022] SGHC 128, the General Division of the Singapore High Court (Philip Jeyaretnam J) analysed certain categories of information to determine if they were subject to implied general confidentiality obligations post-employment. The Court affirmed a key principle that the knowledge and experience that an employee acquires during his employment is not protectable confidential information post-employment.
Can an employment contract clause expressly prohibit post-termination disclosure of information that is not actually confidential? Most likely, no.
As a Singapore employment lawyer, I recently came across such a clause in an employment contract prohibiting indefinite disclosure of “any information” relating to the employer company.
International Financial Services (S) Pte Ltd v Old Mutual International Isle of Man Ltd Singapore Branch [2018] SGHC 127
Significance: the Singapore High Court held at [27] that there is no implied general duty of confidentiality between a lender and borrower.
Significance: Singapore High Court held that former director, a aesthetic doctor, breached obligations of confidentiality and conspired with intent to injure the former company (a medical clinic) by unlawful means. The Court held that the damages payable would be the loss computed based on the profits to the new company/clinic made from the diversion of patients and expedited by the use of the confidential information. The Court made a fair and reasonable estimate that the diversion of patients would have taken place within 6 months without the use of the confidential information, and so computed the loss based on such timeline.
Wee Shuo Woon v HT S.R. L. [2017] SGCA 23
Significance: The Court of Appeal holds that confidential and privileged information does not lose its confidential nature through being released on the Internet from hacking.
HT S.R.L. v Wee Shuo Woon [2016] SGHC 15
Significance: Singapore High Court holds that privileged & confidential emails obtained by a hacker and leaked onto WikiLeaks retain the protection of privilege & confidentiality. Court ordered for emails to be expunged from the defendant’s affidavits.