Right to Work

Key Points

  • There is no statutory entitlement to be provided with work.
  • Any entitlement to be provided with work will be subject to the employee’s express and implied terms and conditions of employment.
  • A right to provide work may arise for skilled workers.
  • The right to work should be considered when placing an employee on Gardening Leave and Suspension.
  • Injunctions may be used to stop an employer putting an employee on Garden Leave/Suspension.
  • Springboard Injunctions to protect an employer’s confidential information may infringe on an employee’s right to work.
  • Human Rights Considerations
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