The court granted an injunction to the company restraining Mr Christensen from undertaking or continuing employment by, or the provision of advice, assistance or services to the Microsoft Corporation at any time before 16th September 2000, being the date of the termination of his employment.
The court considered the duties of employer and emloyee during a period of garden leave before an employment terminated. Scott VC said: ‘[A period of garden leave] fundamentally and irretrievably undermines the employment relationship between the parties. The contractual relationship continues but the employment relationship is destroyed . . by the garden leave notice. I do not think that thereafter there can subsist any implied obligation of good faith and fidelity between the parties. What there is a contractual obligation, and that must be analysed and if necessary, enforced. But that there are implied obligations of good faith and fidelity which can survive the service of a garden leave notice . . I would not accept.’
Judges:
Scott VC
Citations:
[2000] EWHC 458 (Ch)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – RDF Media Group Plc and Another v Clements QBD 5-Dec-2007
The defendant had sold his business to the claimants and in part consideration had accepted restrictive covenants as to his not competing with them. On indicating his desire to leave the claimants and work for a competitor, made statements which the . .
Appeal from – Symbian Ltd v Christensen CA 24-May-2000
The defendant sought leave to appeal against an order restricting him from doing any work for his intended employer before completing the period of garden leave imposed by his current employer.
Held: The appeal for which permission is sought . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 February 2022; Ref: scu.261943