The case concerned whether an employer had grounds for a demand for interim security measures against a formerly employed salesperson who, despite a non-competition clause in the salesperson’s employment agreement, had taken employment with a competitor. The salesperson claimed that the non-competition clause was unreasonable and should be declared void.
The Labour Court found that the salesperson had access to trade secrets due to his specialised position with the former employer and that the employer had a justified interest to protect the trade secrets. The Court also found that interim security measures were both necessary and proportional since the salesperson had joined the employer’s main competitor and that there were no other effective means for protection. The Court therefore found that further breaches of the non-competition clause by the salesperson would result in a liability to pay a penalty of SEK 500,000.