The Employment Court has ordered that electronic devises held by a former employee are to be seized and searched.  This follows the employee going to a competitor of the employer, the copying of material by the employee onto private devices and the destruction of parts of the employer’s records by the employee before he left.

The Court was satisfied that there was a strong case against the employee, the loss or damage to the employer was serious if the search order was not made, there was strong evidence that the ex-employee held relevant evidence and a real possibility the ex-employee might destroy or hide such evidence.  The order also requires the ex-employee to allow access to his premises for the search and seizure of the devices.

Alan Knowsley
Employment Lawyer
Wellington