Garden Leave is a stipulation that can be interpolated into a Contract of Employment. In essence such a clause states that where employment has ceased, the employee may be informed to stay away from work during their notice period, while still remaining firmly on the payroll of the company. This can occur if either the employee resigns, or his/her employment is terminated.
In this essay I will look at how this concept can benefit an employer, but also what rights the employee has when it comes to the latter.
Benefits of Garden leave for the Employer
The first and most crucial benefit of garden leave for the employer is that, by inserting this clause into a contract of employment, their legitimate interests are being protected, particularly if the said employee is leaving to join a competitive business. This can mean that the employee would be obligated not to attend the working premises. Furthermore it would restrict the employee from making contact with any of the employer’s staff or client base. Essentially, this entitles the employer to hold a definite balance of power, as the employee is still restricted to follow the contractual obligations laid out. For example they could be bound to the duty of confidentiality. It can also be of benefit to the employer in that they can prevent the employee from gaining access to information which is sensitive in nature. It is essential to note that the employer can request the employee to return to work at any period throughout his/her gardening leave. It should also be noted that the employer is also obligated to follow his/her contractual obligations, meaning they still have to provide full pay and benefits for the employee on garden leave.
The case of JM Finn & CO LTD v Holliday i...
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...iliarity with their dealings, and one which has demonstrated strong levels of commitment in the transition of their business to another accredited member of the enterprise.
Another instance where Garden leave is beneficial to the employer, is instances where managers or persons in an executive capacity, have access to the strategic plans of the company. It could be argued that high salaries could act as a deterrent to avoid having to use garden leave clauses in the first place. Ethics suggests that even former employees are bound to the duty of confidentiality to forbear disclosure of the company’s confidential information. However, common sense would dictate that this cannot be extensively relied on. It is in this regard garden leave could be a useful tool in delaying the competitor from availing of the credible knowledge and expertise of the resigning employee.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Gradually, a garden can be a comfort place for a person. It can even bring a community together. Maybe it can also symbolize the meaning to a belief. A garden can benefit the gardener who is growing it or a community that is building one for a good cause. In “Sowing Change” by Donna Freedman, gardens means a lot to the community of North Lawndale, in Chicago. In “Marigolds” by Eugenia Collier, a garden full of a few Marigolds means the world to someone.
The history of community gardens reaches back to the 1800's in urban areas; they were started for many reasons that remain the same today. Community gardens were started to promote social reform, educational benefits, and for city beautification projects. The early community gardens were used as a way to assist the unemployed and educate youth in the area on the importance of hard work and good eating habits. With the onset of WWI the United
First of all, gardening has been proven to ameliorate the wellbeing of an individual. As Finley says, “we are soil”. Since we are creatures of the earth, it makes sense
In brief, play provides the base for learning in a child’s world and opens the door to a world of learning opportunities. Gardening with children is a wonderful way to engage children with nature. Through this opportunity for joyful outdoor play, the garden encourages the rights of childhood. As stewards of the earth, working beside their peers and adults, the children in the garden construct a sustainable future for themselves and their communities. This world of play offers children broad opportunities to learn about themselves, others, and the environment in which they live.
Generally in the public sector and in some instances in the private sector as well, time off with pay methods separate the different types of time off in categories such as vacation leave, sick leave and personal days off. There are a variety of leave types that apply to these methods as well. Organizations also allow time off for jury duty, bereavement, sick time, holidays and off site training to name a few. These types of leave groups require managers and supervisors to manage the usage of each time category and often times a log
At the University of West Florida we wanted to allow students, faculty, staff and community of Pensacola to help volunteer to maintain the garden and enjoy learning about the different food systems.(The Voyager.) The University of West Florida community garden was created in 2009 it gave the opportunity to students and staff that were interested in learning or teaching the right way to sustain food systems. (The Voyager.) As any community garden in order for it to thrive the school must have donations and volunteers. When talking about the mission of the University of West Florida garden the main one is to teach UWF faculty, staff, and others how to grow food locally and organically.(The Voyager.) To help students and encourage healthy eating by increasing access to fruits and vegetables to our campus. Helping us students develop leadership and increase respect and concern for the natural world. (The Voyager.)
For the last years it is widely known that “Due to payments of sick leave benefits, loss in productivity, the cost of finding temporary staff and loss of labour income, absence is indeed a costly phenomenon for society, firms and the individual people” (Andersson et. al., 2010) Andersson’s statement supports the case study that is being analysed “Sick leave costing employers”. Several management problems can be identified in the case study, e. g. Ethical problems, poor organisational culture, absence of positive leadership, lack of communication, just to mention some of them. Poor organisational culture must be a priority to any company, since it sets the foundations of the organization.
... these differences in presentation, design, and the relationships between the garden, viewer, and the architecture, the general goal of both garden types are inherently the same. In the Japanese tradition, these gardens are meant to function as aids in understanding in one form or another. In addition, both demonstrate the emphasis on the relationship between humankind and nature—perhaps one of the most important elements of Japanese art and architecture.
Management noticed the increased absenteeism levels were starting to have an effect on plant productivity.
There is a contrast between ‘core’ permanent workforce and ‘peripheral’ non-permanent. The general idea is that an increasing mixture of non-standard employment forms will be more efficient and cheaper.
Paid sick leave is an entitlement for employees within any organisation, it is meant to be used for when an employee is sick or has family obligations, such as caring for sick loved ones. As in the article ‘Anger at plan to cut medic’s sick leave’ unlike annual leave sick leave cannot be accumulated and employees cannot obtain compensation for sick leave not taken (2004). Paid sick leave is necessary for employees as the entitlement gives them the option for when they cannot attend work due to an illness, sick leave also helps the organisation, as employees with sick leave are able to work reliably and efficiently, and by allowing a sick employee off for a single day can prevent the whole organisation from catching the sickness and reducing productivity. However sick leave schemes are open to abuse, it requires strong administration and planning from the organisation’s human resources department as well as the employer. Researching and planning a sick leave policy plan in which benefits both the employee and employer would help reduce the problem of sick leave abuse while keeping the entitlement available. This paper will discuss what sick leave is, why and how it is abused, why it is a problem for organisations and what type of plans can be used to minimise the abuse of sick leave within an organisation.
...onship between the employer and the employee. Employers who recognize this and proactively use strategies to promote employee involvement and fair employment practices will be likely to reap the organizational rewards of doing so.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition