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Hi Ben. Thanks for coming back to me. Basically, they see the company she is moving to as a competitor. (She tendered her resignation yesterday, they asked her to leave immediately and put her on Garden Leave for 4 weeks)
I think this Garden leave is unreasonable and sure even IF she started at her new employer they wouldn't start legal action for damages as her leaving will not result in loss for the business. She is 20 years old and her role was entry level Administration. She is moving to a Receptionist position. I appreciate Garden Leave / Covenants in contracts for Senior Executives/Senior Infrastructure positions or employees whom would take business from one employer to another but she had no dealings at this level and was very much ADMIN.
Even if they pushed legal route surely they wouldn't have grounds or be able to prove loss?
Just your thoughts on this Ben would be of interest. To be honest, she is going to forget the Garden leave and start at her new employer ANYWAY. She actually proposed to work some notice to help them etc which was refused. Basically their nose is 'Out Of Joint'
Hi Ben - Please see attached clause