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Firm wins moonlighting suit

Architectural firm wins suit against three moonlighting employees.

Sun, Oct 12, 2008
The Straits Times

By Selina Lum

A WELL-KNOWN architectural firm yesterday won its High Court lawsuit against three employees for moonlighting.

But how much Ong & Ong Architects can claim from Ms Rachel Yee, Mr Leslie Seow and Mr Ridzuan Sarbini in damages remains to be seen.

Justice Belinda Ang, while ruling in favour of Ong & Ong, said it was difficult to say whether the firm had suffered losses as a result of the employees' breach of duties.

A separate hearing will be held to assess the amount of damages.

In 2003, Ong & Ong chairman Ong Tze Boon had approached Mr Seow, a partner with Ms Yee at interior design firm Six Planes & Partners (SPP). The two later signed employment letters. Mr Ridzuan, then with SPP, joined the firm in 2004.

Ong & Ong, represented by Senior Counsel Philip Jeyaretnam, said the three had provided services on their own, using the firm's resources.

But the defendants, represented by Mr Adrian Tan, said they were not Ong & Ong employees. Ms Yee and Mr Seow said they had gone into a profit-sharing business venture with the firm. Mr Ridzuan claimed he had been seconded there. The trio argued that, under the venture, they were not prohibited from doing work for SPP.

Ms Yee and Mr Seow counter-sued Ong & Ong for about $230,000 - their purported share of profits under the venture. They also accused the firm of passing off SPP's works and awards as its own. These claims were dismissed by Justice Ang, who held that the three were employees and found no evidence of a profit-sharing agreement.


This article was first published in The Straits Times on October 10, 2008.

 
 
 
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