Statement from Employsure regarding NSW Supreme Court Ruling against ELMO Software Ltd

Published March 16, 2021 -
Employsure Company

The NSW Supreme Court has granted interim injunctions against two ex-Employsure employees, David McMurchy and Arumugam Kumaran, preventing them from joining Breathe, a software product wholly owned by ELMO Software (ASX: ELO), until final hearing of the matter.

The decision vindicates Employsure’s efforts to protect its legitimate business interests, particularly relating to its software product Bright, which were being threatened by the ex-employees and ELMO, despite requests for them to refrain from doing so.

More fundamentally, the decision shows it is possible to protect against underhand behaviour from ex-staff and competitors, including preventing against the solicitation of colleagues and removal of confidential information, supporting that contractual commitments protecting against such actions are an important foundation for business.

Bright CEO, Alan Price said, “We have no concerns about competition as long as it is legitimate and not based upon misuse of information and know how which others have developed over time.”

The final hearing of the matter will take place in April 2021.

*Bright is an HR / people management software platform which assists business owners in managing HR requirements such as employee documentation, leave management, rosters and vaccinations through its innovative product VaccTrak.

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