Employee’s duty to ensure he/she does not engage in competing duty with employer.

An employee has a duty to ensure he does not engage in a competing business with his employer. This is born from the common law duty of fidelity. An employee who competes with his employer in a similar business model will erode the relationship between the employer and the employee, confidentiality and performance at work. In Iys And Tees Limited V Everlyne Madegwa & Another [2009], the court in finding that the plaintiff had established a prima facie case gave an order for Injunction. The facts of the case were that the 1st defendant left employment on 10/2/2009.  She was employed in position of a corporate sales lead with the authority to negotiate a distribution agency with a company known as Bitdefender SRL.  In course of her employment, acting as an agent of 2nd defendant, she used her advantaged position as plaintiff’s lead negotiator with Bitdefender SRL to ensure that BD Distributorship Agency held by the plaintiffs is awarded to the 2nd defendant after which she resigned her employment with plaintiff.http://kenyalaw.org/caselaw/cases/view/61470/

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