Mon Mar 05, 2012 8:25 am
Mon Mar 05, 2012 8:31 am
Martyn1963 wrote:Can somebody either confirm or deny that whatever salary Wednesday have given Jones then is it correct that CCFC have to pay the difference and top up his salary to whatever it was here before he was sacked ? And are we still paying Riddler too ?
Mon Mar 05, 2012 8:44 am
Mon Mar 05, 2012 9:38 am
Martyn1963 wrote:Can somebody either confirm or deny that whatever salary Wednesday have given Jones then is it correct that CCFC have to pay the difference and top up his salary to whatever it was here before he was sacked ? And are we still paying Riddler too ?
Mon Mar 05, 2012 9:57 am
Mon Mar 05, 2012 11:03 am
JimmyJazz wrote:As usual it all depends on the terms and conditions of his employment contract, of which none of us has a Scoobybut let's not let facts get in the way...
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When an employee is put on gardening leave and continues to be paid monthly in the usual way, then that arrangement comes to an end when that employee starts another employment contract, or a particular time period is reached. Jones has started a new contract, so under the usual rules of engagement his payment from CCFC would cease, though he would receive any severance payments he was due (notice, holiday (!) etc).
Mon Mar 05, 2012 11:11 am
castleblue wrote:JimmyJazz wrote:As usual it all depends on the terms and conditions of his employment contract, of which none of us has a Scoobybut let's not let facts get in the way...
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When an employee is put on gardening leave and continues to be paid monthly in the usual way, then that arrangement comes to an end when that employee starts another employment contract, or a particular time period is reached. Jones has started a new contract, so under the usual rules of engagement his payment from CCFC would cease, though he would receive any severance payments he was due (notice, holiday (!) etc).
I agree that the terms and conditions are very important in deciding if DJ continues to get paid or not. But it is not an absolute fact that payments will automatically cease when the person on gardening leave starts a new job. There is case law in the UK where an employee has successfully taken an ex employer to court and won the right to continue to receive payments due under their previous contract even though they were in a new job.
One example is that of Sarah Hutchings who was placed on gardening leave and then sent a letter to her employer informing them she intended to seek employment despite being on gardening leave. Despite the normal gardening leave conditions being in place with her contract of employment her former employer failed to confirm that gardening leave conditions i.e. payments and benefits would cease when and if she found employment. As a result she was able to take up her new role and continue to receive her salary and benefitys from her previous job.
I suspect but don't know that DJ would have had his agent and legal team all over the terms of his gardening leave agreement, hopefully the club has covered all bases. But his starting a new role at Sheffield Wednesday does not automatically mean his rights as an employee of Cardiff City end.
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Mon Mar 05, 2012 11:11 am
Mon Mar 05, 2012 11:23 am
Merlin wrote:Gary - surely jones would want to settle ASAP - doesn't having two paying employers effect the amount of tax you pay?
Mon Mar 05, 2012 11:25 am
Berwyn wrote:castleblue wrote:JimmyJazz wrote:As usual it all depends on the terms and conditions of his employment contract, of which none of us has a Scoobybut let's not let facts get in the way...
![]()
When an employee is put on gardening leave and continues to be paid monthly in the usual way, then that arrangement comes to an end when that employee starts another employment contract, or a particular time period is reached. Jones has started a new contract, so under the usual rules of engagement his payment from CCFC would cease, though he would receive any severance payments he was due (notice, holiday (!) etc).
I agree that the terms and conditions are very important in deciding if DJ continues to get paid or not. But it is not an absolute fact that payments will automatically cease when the person on gardening leave starts a new job. There is case law in the UK where an employee has successfully taken an ex employer to court and won the right to continue to receive payments due under their previous contract even though they were in a new job.
One example is that of Sarah Hutchings who was placed on gardening leave and then sent a letter to her employer informing them she intended to seek employment despite being on gardening leave. Despite the normal gardening leave conditions being in place with her contract of employment her former employer failed to confirm that gardening leave conditions i.e. payments and benefits would cease when and if she found employment. As a result she was able to take up her new role and continue to receive her salary and benefitys from her previous job.
I suspect but don't know that DJ would have had his agent and legal team all over the terms of his gardening leave agreement, hopefully the club has covered all bases. But his starting a new role at Sheffield Wednesday does not automatically mean his rights as an employee of Cardiff City end.
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So what if the contract says nothing at all about gardening leave or words to that effect? Does that mean he will still get paid?