GM issues writ against ex-managing director

Gardner Merchant has launched a High Court action to stop Bill Toner, managing director of its corporate division, from starting a job with rival contract caterer Aramark.

Toner has been on gardening leave since giving a year's notice on 15 September 1999 but has breached his employment contract by taking up employment with Aramark from 6 December 1999, according to the High Court writ.

He intends to start working for Aramark from March, the writ says.

Now Gardner Merchant is seeking an injunction preventing Toner from providing services to any company, including Aramark, until after 14 September this year.

Alternatively the company, which says it intends to pay his salary and all benefits during the notice period, will claim damages for breach of contract.

Gardner Merchant says it has a legitimate interest in enforcing the notice period, given Toner's knowledge of confidential purchasing, pricing and discount arrangements.

His seniority makes a 12-month notice period appropriate and reasonable, the company argues.

Toner has worked for Gardner Merchant since 1982.