BCC 547/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Rights & Duties of Employees & Employers, Civil Evidence, Civil Courts, Jurisdiction & Choice of Law, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
5 Jan 2009
Catchwords
Employee’s Duties – Trade Secrets – Competition – Evidence – Witness Statements – Court Authority – Jurisdiction – Contract
This case involved compensation for damages payable by an employee who it was stated had given away trade secrets and gone to work for a competitor in breach of their contract. A key point was that the court of first instance had the authority to use evidence including witness statements to assess whether the information was truly secret.
Background
A company filed a case before the Grand Civil Court against an employee requesting they pay 30,000 Dinars and legal benefits after they were dismissed from work in accordance with Article 113/6 of the Labor Law because they disclosed technical secrets and provided their competitors with information, technical advice and subsequently worked for them, in breach of their contractual obligation.
The Court ruled that it had no jurisdiction to hear a case as a result of an employment relationship and referred it to the lower court. The latter rejected the case.
The company filed an appeal and the Court of Appeal confirmed the appealed ruling.
Decision