SG & R Valuation Service Co v Boudrais & Ors

SG & R Valuation Service Co v Boudrais & Ors

Employees with a right to work may be kept away from work if their conduct constitutes serious breach of contractual or fiduciary duties, demonstrating lack of readiness and willingness to work. In this case, the first and second defendants' misconduct justified the claimant's action to place them on garden leave during the notice period, and no repudiatory breach occurred. The springboard jurisdiction was not founded as confidential information was returned and no misuse evidenced. Balance of convenience favoured interim relief.

Parties
Claimant: SG & R Valuation Service Co; First Defendant: Dominic Boudrais; Second Defendant: Karen Smith; Third Defendant: Mark Finney; Fourth Defendant: Collier CRE plc; Fifth Defendant: Related company of Collier CRE plc
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Interim Application / Ruling on Interim Relief
Outcome
Interim relief granted; first and second defendants to remain on garden leave for notice period; deletion order against fourth and fifth defendants refused.
Legal Topics
Garden Leave, Right to Work, Breach of Contract, Fiduciary Duties, Confidential Information, Springboard Injunction, Balance of Convenience
Employment Law Contract Law Garden Leave Right to Work Breach of Contract Fiduciary Duties Confidential Information Springboard Injunction +1 more

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Parties

SG & R Valuation Service Co

Claimant

Dominic Boudrais

First Defendant

Karen Smith

Second Defendant

Mark Finney

Third Defendant

Collier CRE plc

Fourth Defendant

Related company of Collier CRE plc

Fifth Defendant

Procedural Posture

Interim Application / Ruling on Interim Relief

Legal Issues

  1. 1 Whether an employer can place employees on garden leave absent an express contractual provision
  2. 2 Whether the employees have a right to work during the notice period
  3. 3 Whether the claimant repudiated the employment contracts by requiring employees to stay at home

Ratio Decidendi

Employees with a right to work may be kept away from work if their conduct constitutes serious breach of contractual or fiduciary duties, demonstrating lack of readiness and willingness to work. In this case, the first and second defendants' misconduct justified the claimant's action to place them on garden leave during the notice period, and no repudiatory breach occurred. The springboard jurisdiction was not founded as confidential information was returned and no misuse evidenced. Balance of convenience favoured interim relief.

Court Disposition

Interim relief granted; first and second defendants to remain on garden leave for notice period; deletion order against fourth and fifth defendants refused.

Orders

  • First and second defendants to remain at home (garden leave) until expiry of notice period.
  • Defendants to continue to be paid salary and bonuses as per contract.