Restitution of documents and rendering of accounts by a former employee

Facts

A. hired B. as a Compliance Manager by an employment contract dated 31 August/1 September 2005. On 7 January 2013, A. dismissed B. with effect as of 30 April 2013, releasing him from his obligation to work with immediate effect.

On 25 March 2013, B. filed a claim with the Labour Court of Geneva to contest the reason for his dismissal. For its part, A. filed a request for interim and provisional measures on 18 April 2013 to stop B.'s disloyal actions and breach of the non-competition clause. On 4 October 2013, A. initiated proceedings to validate the provisional measures and for damages.

On 13 August 2013, A. filed a request for summary proceedings under Art. 257 CPC against B. before the Labour Court of Geneva, concluding for the restitution of documents that B. may have handed over to third parties or received from third parties, as well as the rendering of accounts for information and meetings concerning its business or clients.

Considerations

According to case law, Art. 339a para. 1 CO (of absolutely mandatory law under Art. 361 CO) imposes on the employee, at the time the employment contract ends, the obligation to return to the employer everything that was entrusted to him for the duration of the contract, as well as anything he may have received from third parties on behalf of the employer. This obligation stems from the employee's duty of loyalty (Art. 321a CO).

However, the…