Five former senior managers of a midlands waste company have agreed before the High Court not to use confidential information related to their former employer's business pending the hearing of a High Court action.
Mr Binman Ltd, the largest domestic waste company in the midwest region, with an address at Grange, Co Limerick, claims the five managers immediately began business in competition with it after leaving earlier this month and are conspiring with the One Fifty One Company plc to take over Mr Binman's business.
Mr Binman claims the five are now employed at a company operating from premises on the Ballysimon Road in Limerick controlled or supervised by One Fifty One, which had unsuccessfully sought to buy Mr Binman. One Fity One has a range of business interests including in National Toll Roads and Cuisine de France.
Last week in the High Court, Ms Justice Mary Laffoy permitted lawyers for Mr Binman to bring injunction proceedings yesterday against the five managers and against One Fifty One.
Yesterday Marguerite Bolger, for Mr Binman, said all six defendants had agreed the matter could be adjourned to allow them put in replying affidavits to one lodged last week by Martin Sheahan, chief executive of Mr Binman. The adjournment was on the basis of undertakings by the defendants to refrain from utilising any confidential information which had been downloaded from Mr Binman's computer system. The judge adjourned the case on the basis of that undertaking.
Mr Binman has brought proceedings against its former head of information technology, Tom Fogarty, of Annaholty, Birdhill, Co Limerick, whom it says downloaded confidential information on to a portable hard drive before leaving the firm.
The action is also against four other former senior employees: Ciaran Cronin (head of finance), Curaheen South, Askeaton, Co Limerick; Tony O'Brien (head of commercial sales), Carrowmore, Scariff, Co Clare; John O'Brien (sales representative), Ardskeagh, Broadford, Co Clare; Tom Givens, (senior sales), Lisnagry, Mountshannon, Co Limerick; and One Fifty One, of Thomas Street, Dublin.
It is alleged the information downloaded included personal data protected by the Data Protection Acts, and involving personal banking details of 50,000 domestic customers.
The High Court heard last week that One Fifty One had in March 2006 sought to buy all or a substantial part of Mr Binman's business but were told they were not interested in selling. The five managers had left the company last January in circumstances about which Mr Binman had no intimation, it was claimed.