Garden Leave Contract Meaning. Validity of garden leave and non compete agreement in india. An employee is entitled and obliged to attend work.
Case law habersberger j considered the concept of “garden leave” in bearingpoint australia pty limited v robert hillard [2008] vsc 115. Garden leave clause implied even though no express contractual provision. With garden leave, even if you don’t have the right set out in the contract of employment, it is highly unlikely your employee will suffer any financial loss by being placed on garden leave, meaning the risk of the decision being challenged is small.
If your contract of employment contains a clause allowing garden leave, it will be lawful for your employer to direct you to go on garden leave.
While this practice occurs in singapore, garden leave raises several unsettled legal issues under singapore […] Further, the employer’s contractual obligations no longer apply. 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 can be useful when both the employee and employer agree to its use in a particular situation.
