What is the date of termination of an employment if an employee is a) put on garden leave and b) paid in lieu of their notice period. Is an employee entitled to receive all benefits he/she would have been entitled to if they continued working if that employee is paid in lieu of notice or is it acceptable to limit the pay in lieu of notice to basic pay only i.e. excluding bonus, commission or pension contributions or benefits in kind?Posted in : First Tuesday Q&A ROI on 6 August 2014
"Garden Leave" is where an employer requires an employee to work out all or part of their notice period at home. During this time, an employee is not required to attend work but they remain on the payroll and in employment until their notice period expires. In this situation, the termination date is the date the notice period expires. The length of notice will usually be set out in the employee’s contract of employment or if the contract does not provide for a notice period, the employee will be entitled to the relevant statutory minimum notice period under Section 4 of the Minimum Notice and Terms of Employment Act 1973-2011.
Regarding pay in lieu of notice (“PILON”), the general principle
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.