Garden leave: what if there is no contractual provision?

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

The High Court, in SG&R Valuation Services Company v Bourdais (2008), has held that an employer did have the ability to impose garden leave on two employee directors during the course of their period of notice, notwithstanding the fact that there was no express provision in the employment contract to do so.

Background

SG&R employed two directors under contracts providing for three months' notice periods. Neither had garden leave provisions. Almost immediately after tendering their... (261 more words)

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