Garden Leave Resignation Period Australia

During the garden leave period the employee remains an employee of the business and as such has the same obligations and duties to the business as any other employee however the employee is not required to attend for work.

Garden leave resignation period australia. Employees on garden leave typically are not expected or even allowed to work during this time and are prohibited from taking up a job with a new employer. Garden leave is typically used during the notice period of either an employee resigning or if you end the employment of a staff member. Casting my mind back to when I left my first employer the 3 months of working my notice period were unpleasant.

During August 2014 the employee accepted an offer of employment with a competitor company. This means amongst other things that the employee is no longer required to come into work unless expressly requested to do so. It is generally believed by employers that they have the right to send an employee on gardening leave either when the employee tenders notice of resignation or the employer provides notice of termination.

Gardening leave describes a situation where an employee gives notice or is given notice of termination of employment and is directed to stay away from work for the duration of the notice period. Gardening leave refers to suspension of an employee from their regular duties on full pay after they have given notice of their intention to resign. Garden leave usually occurs when an employee will have their employment terminated at a future date or have provided notice of their resignation.

You should use this letter when an employee has resigned and you want to put them on garden leave rather than require them to attend the office and work out their notice period. Executive will provide a Notice of Termination to the Company no less than 90 days prior to any termination of Executives employment whether for. During this period the employer may instruct the employee not to attend their place of work but to still remain available to perform duties as directed.

In hindsight I wish I had been on gardening leave instead defined to be. The employee is not required to perform their duties during this notice period. His contractual notice period was 4 weeks.

Your employer may place you on garden leave during the notice period to restrain you from communicating information to competitors or using company resources for other employers. January 11 2021 admin Garden 0. There is a slightly different situation where the employer terminates an employment contract without notice and tenders in lieu a payment.