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Singapore illegalityexpress terms

Leiman, Ricardo v Noble Resources Ltd

[2020] 2 SLR 386
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2020
StatusBinding authority

Summary

Garden leave provisions in employment contracts must be reasonable, and an unreasonably long period may be unenforceable as a restraint of trade.

Key Principle

The SGCA considered the enforceability of garden leave provisions and held that they must be reasonable; an unreasonably long garden leave period may be unenforceable as a restraint of trade.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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