Garden Leave Contract Meaning. The employer remains bound to pay the employee and provide contractual benefits. Without prejudice to the provisions of clauses 4.3 (payment in lieu of notice) and 15.2 (summary dismissal), the company may, once notice of termination has been given by either side require the executive to cease performing his job for such period or periods of the notice period as the company shall in its absolute discretion determine.
Garden leave is a notice period where employees are restricted from working but they still get a normal rate of pay. Case law habersberger j considered the concept of “garden leave” in bearingpoint australia pty limited v robert hillard [2008] vsc 115. However, more recently courts have seemed increasingly willing to find that employees have a right to work.
Because most us workers are at will employees, the notice
For all intents and purposes, during the garden leave, the employee remains an employee and must remain accessible to the employer. In the majority of occasions, employers should include a suitable provision in your contract of employment to allow you to be read more Garden leave describes the practice whereby an employee leaving a job—having resigned or otherwise had their employment terminated—is instructed to stay away from work during the notice period, while still remaining on the payroll. Garden leave is a notice period where employees are restricted from working but they still get a normal rate of pay.