A FORMER sales executive at ESAT Telecommunications Ltd, with access to the company's entire sales operation, photocopied confidential documents before joining a rival company, the High Court has been told.
Mr Justice Barron yesterday ordered Mr Declan Browne, Foxhall, Youghal, Co Cork, not to use or disclose to anyone any secret information he has relating to ESAT.
He also ordered Mr Browne to disclose on oath all memoranda, notes, records, manuals, drawings or other documents he has and return them and any copies of them to ESAT.
Mr Eoin McCullough, for ESAT, said the company was involved in the telecommunications business in competition with Telecom Eireann and, particularly, with one other privately owned competitor of substance, TCL Ltd, of Sir John Rogerson's Quay, Dublin.
Mr Mark Roden, ESAT sales and marketing director, told the court lists of customers and prospective customers as well as sales reports were of particular commercial sensitivity and would be of considerable value to a competitor.
He said Mr Browne was a sales executive in ESAT's Cork office and had signed a confidentiality agreement with the company. He had been informed that on July 23rd last Ms Nike Furlong, customer care executive in Cork, saw Mr Browne photocopying documents in the office.
She had become suspicious and searched an envelope Mr Browne had left unattended. She had seen several documents including separate lists of ESAT's prospective customers in Cork and in areas for which he was not responsible.
Mr Roden said ESAT's office administrator in Cork, Ms Caroline Metcalf, told him Mr Browne had asked her for his own sales prospects report and copies of sales prospects reports for other regional sales people. She had felt uneasy about Mr Browne's intentions and gave him only his own sales prospects report.
She had given Mr Browne the Dublin database of customers on the ostensible basis that he wished to generate some "leads" from these customers. The database contained full details of ESAT's 1,100 Dublin customers, who provide 60 per cent of ESAT's total annual revenue.
The following day Ms Metcalfe noticed that many of Mr Browne's personal effects, such as his Filofax system, were missing and that the information she had given him the previous day was now back on her desk.
Mr Roden said that on July 24th he flew to Cork and was collected at the airport by a Ms O'Leary. On the way to the Cork office she told him she was concerned about Mr Browne's behaviour and was afraid he might be considering going to work for a competitor.
He had met Mr Browne in the office and Mr Browne had handed him a letter informing him that "a very attractive offer" had been made by TCL Ltd and that he intended to take it up.
Mr Roden said he was outraged when it became clear to him that Mr Browne must have been deliberately collecting the sensitive and confidential information with the deliberate intention of taking it to his new employer.
He told Ms Metcalfe to have the locks of ESAT's premises changed immediately.
He said Mr Leslie Buckley, an ESAT director who was friendly with Mr Browne, told Mr Browne he was aware he had taken confidential material.
Mr Browne had said he copied only payslips and other similar material and had agreed to return all material belonging to ESAT.
Counsel for Mr Browne said very serious allegations had been made against his client, who had carried out his photocopying totally openly.
Mr Browne had copied some documentation he felt he would require when asking Mr Rodent for a better offer in order to retain him.
Any material Mr Browne copied had been returned.
His counsel said Mr Browne was entitled to have any documentation he had in his possession as he was still working for ESAT and had not ended his employment until he had been locked out. He submitted Mr Roden had taken a completely wrong view of what all that had happened was about.
Mr Justice Barron granted both orders sought by ESAT and said he would allow both parties to file further affidavits. He adjourned the matter until Wednesday, August 14th.