Right of employer to demand confidentiality from the employees

At Common Law, an Employer has the Right to demand confidentiality from the employees.
Common Law provides that in the normal course of employment, the employee will get to learn their employer’s confidential information and as long as the information is proprietary in nature and is revealed in confidence, then the employee has a common law duty not to reveal the information. This duty applies irrespective of whether there exists a confidentiality agreement or clause in the employee’s employment contract and generally extends beyond the life of the employment relationship
David Makau v Devson Industries Limited [2019] eKLR
In this case, even though the court found the employees dismissal to be unfair, it refused to make an order on compensation noting that the employee had breached a clause on confidentiality in the employment contract whereby the claimant who was an Accountant had gained access to information on salaries of the Respondent’s employees in the course of his employment and in the process disclosed salaries of the Respondent’s employees who were not party to the present suit.
See case here http://kenyalaw.org/caselaw/cases/view/170170/

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