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Supreme Court turns down Flow's application seeking to bar Digicel from hiring Sean Latty

Published:Friday | May 22, 2015 | 7:02 PMBarbara Gayle, Justice Coordinator
Latty ... Latty had first worked with Digicel in senior positions from 2001 to 2013.

The Supreme Court has turned down an application by Columbus Communications Jamaica Limited, trading as Flow, which was seeking an injunction to bar its rival, Digicel Jamaica Limited, from employing its former managing director, Sean Latty.

Flow, which was represented by attorneys-at-law, Hugh Small QC and Conrad George, had contended that there were clauses in the employment contract banning Latty for six months from working with any of its business competitors after the termination of his contract.

Latty, who was represented by attorney-at-law John Graham, had tendered a written notice on February 11, 2015 for his resignation to take effect on May 10.

Flow went to the Supreme Court seeking an order to enforce the notice period and trade clauses in the contract of employment with Latty.

It further sought an order to prevent Digicel, which was represented by attorney Michael Hylton QC, from employing Latty in breach of his contract with Flow.

Latty had first worked with Digicel in senior positions from 2001 to 2013.

In his ruling, Justice Kissox Laing said he found that the restraining clause was unenforceable.

Laing further said he found no serious issue to be tried as to whether Latty, being employed to Digicel after the end of his contractual notice period on or about May 11, 2015, is in breach of the restrain clause.

The judge also said he was not satisfied that there were serious issues to be tried as to whether Latty had any confidential information relating to Flow and it was therefore unnecessary to make an order for the return of such information.

Additionally, the judge said he was not satisfied that there were issues to be tried as to whether Latty provided any confidential information to Digicel.

The judge dismissed the application and awarded cost to Latty and Digicel.