Document background
The Going Away Letter is a critical document in Irish employment practice, typically used when an senior or sensitive position holder resigns or is terminated, and the employer wishes to protect business interests during the notice period. It is commonly utilized in situations where the employee has access to confidential information, sensitive client relationships, or strategic business knowledge. The letter formally implements garden leave provisions that may be contained in the employment contract, ensuring the employee remains bound by their employment terms while being asked not to attend the workplace or perform their duties. This document must comply with Irish employment law, including the Minimum Notice and Terms of Employment Act 1973 and relevant common law principles regarding restraint of trade.
