Employee was taught from scratch in a specialised field. Most skills and techniques in field were finedtuned by employer, and special techniques developed. Employee’s employment contract had a confidentiality clause in, which also stated that confidentiality remains after employment terminates. On Employee’s final day, exit interview was held, and confidentiality clause reiterated. It was explained that all intellectual property, confidential info, techniques and methods developed, client info, employee info are classified information and are not allowed to be used outside of company. On the same day, employee asked a (thus former) colleague to sneak out her note book that she had left behind. This notebook was provided by the employer so the employee could note down daily produced items. The employee however also noted down the company’s recipes and methods, and it contained 4 years worth of client names and their order specifications. She also made summaries of how much she produced of the product versus her teacher. Did she, by requesting AFTER her last work day came to an end for the book to be taken of company property, commit trespass against confidentiality?

The supplied sources do not create or define an offence or claim called “trespass against confidentiality,” and they do not regulate a former employee’s request that a colleague remove a notebook from workplace property. Accordingly, on these sources alone, it cannot be determined that the employee committed such trespass. 135

The recipes, methods, client names and order specifications could potentially be “confidential information” only if they belonged to the undertaking, had particular economic value, and were not generally available or known to others. “Intellectual property rights” also includes know-how, confidential information and trade secrets. However, the supplied extract of the employment contract is not a source, and the supplied legislation does not establish whether these requirements are met or whether taking or requesting the notebook’s removal breached the stated contractual confidentiality clause. 16

Section 47 of the Anti-Corruption Act concerns destroying, altering, mutilating, falsifying, making false entries in, or omitting information from employer books or documents, in relation to an offence under that Act or obstruction of an investigation. It does not address removal of a notebook or disclosure or use of confidential information on the stated facts. 3