11 Feb 2015 06:01:37
Might be, being really stupid here and it might be obvious. But why if Faulkner resigned is he on Gardner's Leave??
Or is this his notice period?
Or has he actually been given the chop by Fawas for poor performance and he's saving face?

1.) 11 Feb 2015
11 Feb 2015 07:49:30
As with most jobs mate I imagine when he resigned there was a notice period he has to give. Most people obviously work their notice period but obviously fawaz doesn't want him around the club/office finishing his notice. Therefore he goes on what is gardening leave. So he sits at home on full pay for that period. Employment legalities I guess

2.) 11 Feb 2015
11 Feb 2015 12:03:38
That sounds about right, Keeno. The thing with senior roles in private companies is that - in my experience - they usually carry long notice periods (six months in the last big company I worked for). Faulkner's short tenure may have an impact on his termination terms though.

3.) 11 Feb 2015
11 Feb 2015 17:36:50
If he resigned, there would be no notice period to serve. If anything Forest could pursue repayment of his notice period from him.
Gardening leave is usually used to stop someone going from one place to a competitor with sensitive or useful info (e.g. player dealings, contract issues etc). I would suggest Faulkenor was privvy to some stuff Fawaz doesn't want other clubs or the media to know about. Probably standard for any footbal club.

4.) 11 Feb 2015
11 Feb 2015 18:48:44
Kev, think your getting confused mate. of course there is a notice period to serve if he resigned. As there is with the vast majority of jobs. Obviously sacking someone incurs no notice period

5.) 11 Feb 2015
Not quite Keeno. If he resigned his contract would state a period of notice to give. If he chose not to serve that notice, the club could claim breach of contract and seek the costs back off him. He would certainly not be put on gardening leave.

If i resigned today and didn't come back, there is no way my employer, like most, would pay me for my notice period. Would yours?

Gardening leave is to prevent the passing of any sensitive info the leaver may have about the employer to another employer. Or as a "sweetener" to let someone quietly. But i didn't wanna start any conspiracy theories!

6.) 11 Feb 2015
11 Feb 2015 23:20:42
If there is any general issue around commercially sensitive information and the like, that would need to have been dealt with as a clause in the contract of employment. A confidentially agreement may be reached on termination but, if not dealt with in the employment contract, it would be a separate arrangement and nobody would be under any obligation to sign up to it. Furthermore, as an agreement which, by its nature, places limits on a former employee's future activities, it would probably come at some financial cost. 'Gardening leave' means you're still a paid employee for the duration of your notice period but don't show up at the office as we no longer expect you to carry out your duties and we don't want you poking your nose into our affairs. This means they can't work for anyone else until their time is up without consent and you buy yourself a bit of time for your lawyers to try and tie things up as tightly as they can.

No conspiracy theories from me either but I'll bet Faulkner would have a tale or two worth listening to.

7.) 12 Feb 2015
12 Feb 2015 00:02:56
You're missing the point Kev. Quite clearly he has decided that he wants to serve his notice period which is something he is perfectly entitled to do as with any job. However fawaz doesn't want him at the club and as with any other job he is placed on gardening leave and that is what gardening leave is!!!
You're quite right though, if you just walked away from you're job and refused to do your notice period then your employer wouldn't have to pay u. But that's you're choice and therefore gardening leave isn't relevant in that instance. Faulkner quite clearly wants to complete his notice period and why wouldn't he when he is getting paid to put his feet up at home.
Any confidential info you're alluding to would be dealt with under a completely different section of his contract and would relate to when employed and not employed at nffc in any case. On your logic what's to stop him disclosing this 'confidential info' simply when his notice period expires???? But I believe the bloke above explains this in more detail too

8.) 12 Feb 2015
12 Feb 2015 07:00:21
Oh dear me, you guys have all got it so wrong.

Fawaz has clearly let his shrubs etc.get out of control, what with being so busy at the club. PF has been put on gardening leave to make sure all Fawaz lawns and shrubs are kept trim and in shape. When Fawaz is satisfied he will then stop paying him and relieve him of his duties. Unless he does a really fantastic job he may be re-employed as head Groundsman

9.) 13 Feb 2015
13 Feb 2015 05:57:44
Just as I thought then!
Clear as Mud.