Pilbara mining company sues ex-employee over alleged secret breach

A mining services company with contracts across the Pilbara is accusing a former employee of using confidential information to pitch his services – and a new business division – to a direct competitor.

In a writ filed to the WA Supreme Court this week, Linkforce Managed Services has accused an ex-operations manager – who was earning $284,000 a year – of taking confidential information from the company and using it to try and land a senior role at Mader Group.

Linkforce specialises in a range of services including shutdowns and maintenance, mechanical and electrical engineering, structural fabrication, rope access, scaffolding, civil construction, and telecommunications network installation.

The company’s clients include major miners like Rio Tinto, BHP, Fortescue, Hancock Iron Ore, Talison Lithium, Newmont and Northern Star Resources.

According to the writ, under the man’s contract with Linkforce, he was prohibited from using any of the company’s confidential information for the benefit of others.

Linkforce claims the standard clause of his contract stated the ex-employee was required to keep the company’s commercial information confidential.

Instead, the company alleged the former employee downloaded rates files, and used his knowledge of pricing models, tenders, and schedules, to pitch to Mader Group a “proposal to build a dedicated access business unit – and make Mader’s core mechanical offer the most complete shutdown package in the market”.

The ex-employee allegedly intended to pitch the idea to the chief operating officer, with the view he would become general manager of the new business unit.

Linkforce also alleged the pitch suggested the former employee had direct tier-1 relationships, including at Rio Tinto and Talison Lithium.

Linkforce is seeking a court order for the ex-employee to return or permanently delete all documents in his possession that contain confidential information about the company, and to not disclose any of the information to competitors in the future.

It is also seeking damages.

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