Facts:
The brief facts of the case as gleaned from the statement of facts is that the Defendant is alleged to have breached his amended contract of employment upon his exit from the Claimant. The Claimant stated that it offered the Defendant employment by contract of employment dated 19th June 2008 in its Solutions Fulfilment Unit. Upon completion of his NYSC programme, the Defendant was offered employment by letter dated 18th March 2009, on grade level Engineer 1 as a Solutions Development Engineer without the requisite experience.
Consequent upon his employment, the Claimant sponsored him to various training programmes to acquire the requisite knowledge to excel in his job. The Defendant rose through the ranks to a middle management level, and according to the Claimant, the Defendant occupied a very sensitive and central position and was privy to several confidential information, trade secrets, and business connections and strategies, which formed part of the components of the Claimant’s service delivery model. In a bid to safeguard these, the Claimant inserted a non-compete clause in the amended offer of employment dated 1st April 2018, which forbade the Defendant from taking up employment in a rival company until a year after exiting the Claimant.
The Defendant, in spite of pressure mounted on him, refused to fulfil the condition precedent for acceptance of the amended offer. On 5th March 2019, Defendant resigned his employment with the Claimant and took up employment in Visa West Africa, a company similar to the Claimant. The Claimant became aware of this and contends that the Defendant breached the non-compete clause in the amended offer, hence sued the Defendant on this premise.
The Defendant joined issues with the Claimant and counterclaimed against the Defendant.