Security alarm company sues former Kildare employee

Claims men are trying solicit customers

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Security alarm company sues former Kildare employee

Kill resident sued in High Court

A security company has brought High Court proceedings against two of its former senior employees who it claims are trying to solicit its customers.


The action has been brought by Datapower Limited, which has sued former employees Declan O'Toole and Graham Mullally and a company linked to the two called Phoenix Security Alarms Ltd.


Datapower Ltd, which installs and maintains security alarms, previously secured temporary injunctions preventing the defendants from approaching or soliciting any of its customers.


Datapower represented by Patrick O'Reilly SC,  claims that Mr O'Toole of The Coppice, Woodfarm Acres, Palmerstown, Dublin 20 and Mr Mullally of Rochford Park, Kill, Co Kildare had been senior employees with the plaintiff.


They were hired after Datapower acquired another security firm called Phoenix Alarms Ltd, for whom the two worked for, in late 2018.


In recent weeks the two men handed in their notice.


The court heard that an investigation by Datapower revealed that a new company that had been incorporated on October 12th last called Phoenix Security Alarms Ltd, which lists Mr O'Toole and Mr Mullally as its shareholders and directors.


It is alleged that by setting up a company with a similar name to the firm acquired by Datapower is an attempt free ride on the goodwill and reputation of the entity purchased by the plaintiff.


Datapower claims it also became suspicious when it discovered that in early October Mr O'Toole, when on leave, had for no apparent legitimate reason made multiple visits to homes and businesses of his clients.


Dapatpower also claims the two former employees have acted in breach of restrictive covenants including their contracts of employment. 


The matter came before Ms Justice Leonie Reynolds on Friday, who last week granted injunctions. on an ex parte basis, against the defendants.


The defendants had attempted to solicit one of its employees to go and work for them, Mr O'Reilly told the court on Friday. He said his client is very concerned about matters, and wanted the case heard as soon as possible.


Stephen Donelly Bl for the defendants asked the court for time to reply to Datapower's claims to allow him to consult with his clients.


Counsel said that the defendants were prepared to give an undertaking to the court that they would not pass themselves off as having connection with the plaintiff's business until further order of the court. 


Counsel also said that Phoenix Security Alarms Ltd. has never traded since its incorporation


The matter will return before the court in two weeks with the injunction to remain in place till then.