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Contract and Employment Law - Coursework Example

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Introduction The questions whether Clarissa can successfully sue Precision Missiles plc to compensate her for unfair dismissal will hugely depend on whether her dismissal with six months’ notice was unfair. At the same time, Clarissa’s acceptance of Flare’s offer would be depended firstly on whether there was express to “garden leave” clause and whether she can lawfully take on that offer without breaching her contract with Precision Missiles…
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Contract and Employment Law
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Download file to see previous pages In this regard, I would be able to offer her better advice concerning what action she could take and the consequences associated with each action. Discussion This discussion will start with first explaining the ‘Garden leave’ clause in relation to employment contracts and proceed to explicate the extent of its enforceability. This will be with the aim of finding out whether Clarissa can be able to successfully proceed with her compensation claim of unfair dismissal and under what grounds she should do that. According to Smith & Thomas, garden leave clause aims at offering protection for companies against competition in the situation where one of their employees who may be in possession of commercial information which may be sensitive or have relationship with the company’s clients. A clause is enforced in the employee’s contract, which requires them to not work and stay at home for a given period and still receive their pay in full. The time for gardening leave varies and is between six months and an year. There is an implied term though that throughout this period, the said employee can not in any way breach confidentiality or work in competition with the company he/she is in contract with. In order to understand better the “garden leave” clause, let’s consider the Tucker v William Hill organization Ltd1. In this case, it was held that, where there is no contract provision that prescribe the time for which the garden leave will be in enforceable, there are limitations in this clause where an employee enjoys benefits accruing from professional activities apart from the economic benefits he/she receives. In this case, the court ruling heavily relied on the relation in the Sawdon& Co. v Turner2which the House of Lords approved in Herbert Clayton & jack Waller Ltd v Oliver3 that the term ‘employ’ needed a flexible meaning and provision of work would not have to necessarily be guaranteed. However, in the event that the nature of an employee’s profession requires him/her to constantly be working in order to progress his/her career, such as an actor attending public galleries’, than, if there were no provided work, the employer would be grossly breaching the employment contract. A similar ratio is seen in Lanston v AUEW (No. 2)4and in Herbert Clayton & jack Waller Ltd v Oliver5as far as theoretical performances, following the reasoning strategy followed in Montgomery v Fechter6, Daly’s Theatre Ltd (George Edwards) vMarbe7. Same ratios where there were indefinite fixed wage contracts such as Sawdon& Co. v Turner8 have long not been employed or applied by the courts. In the event that a contract provides that, an employer has no obligation of providing work, as it was held in the Hayward v Provident Financial Group9, there is no obligation for providing work. It was held in Tucker v William Hill Organisation Limited10 regarding obtaining court injunction in order to implementing the garden leave clause, the court in its judgment argued that it was simpler to enforce than in the restraint of trade clauses. In addition, there is a requirement that a fair amount of work or money be given as far as remuneration for ...Download file to see next pagesRead More
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