Introduction
It is well established that the relationship between an employer and an employee is one that is fundamentally grounded upon the obligations of mutual trust, confidence, good faith and fidelity. These obligations dictate that an employment relationship does not simply grind to a halt following the termination of employment.
From the perspective of the employer, there is always the risk that an ex-employee may, amongst other things, enter into the employment of a competitor or set up a competing business and, in that event, unfairly exploit the ex-employer's proprietary information for his or his new employer's benefit.
In the absence of any express term, the obligations of good faith and fidelity which governs the employment relationship mitigates this risk by imposing on the employee an implied contractual obligation to keep in confidence the information of his employer during and after the term of employment. Having said that, there is a marked difference between
