Gardening leave; does a restraint of trade start then?

The issue whether a period of gardening leave counts as service for calculating the length or term of a restraint of trade will be determined by ordinary principles of contract interpretation.
Thus in DP World Sydney Limited v Guy (2016) NSWSC 1072 delivered 1 August 2016 the Supreme Court of New South Wales held that a restraint of trade which was expressed to be for “the period of 3 months starting on the date of termination of your employment” had the effect that it only began to operate from the date the employee’s employment came to an end which was not until the expiration of gardening leave. The court rejected the employee’s argument that time began to run from the date of commencement of the gardening leave because that was the date the relationship effectively came to an end.