This clause is designed for inclusion in an employment contract and provides the employer with an ability to direct an employee to take “gardening leave”. This means that the employee will not attend the workplace during the notice period.

This clause may be inserted as a sub clause to a standard termination provision of an employment contract.

For an employment agreement, see the separate precedent collection, including the “Basic employment agreement (short form)” and “Basic employment agreement (long form)”. Clauses should be adapted to ensure consistence of terminology.

This document has been authored for LexisNexis by Joe Catanzareti, Partner, Clayton Utz, Sydney and updated by Brooke Pendlebury, Principal, Pendlebury Workplace Law, Sydney.

This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.