Garden Leave Resignation Period Australia. Garden leave usually occurs when an employee will have their employment terminated at a future date or have provided notice of their resignation. Determining a notice period, on recruitment and on resignation, is critical and varies with the needs of each business.
We appreciate your full cooperation in the remaining period in order to transfer your tasks and duties in the smoothest way possible. A garden leave clause in your contract of employment allows your employer to exclude you from work for the duration of your notice period. Can an employee be required to take their outstanding annual leave while on garden leave?
At any time after notice to terminate the employment is given by either party under clause 2.1 above, or if the executive resigns without giving due notice and the company does not accept his resignation, the company may require the executive to comply with any or all of the provisions in clause 16.1 and 16.2 for a maximum period of not more than 6 months (the “garden leave period”).
There may be further restrictions, and these are included as part of a garden leave contract. Continue to be an employee of the company and will make himself available to provide such services directed by the company that are reasonably consistent with executive’s status as a senior executive of the company and; The manner of their leaving doesn’t matter—whether it’s due to resignation or contract termination, you can apply garden leave. Herewith a brief legal summary to understand your rights and the legal position with regards to resignation:
