SUSPENSIONS FOR EMPLOYEES

Like many aspects of employment law, this is dependent upon the contractual arrangement between you and your employer.

Contrary to popular belief, most employees cannot be suspended except where there is a contract or collective agreement which grants that right to the employer or where it has been established by past practice. For example, if it is widely known and accepted that your employer can and does impose suspensions, then it may be able to establish that it has the right to suspend you. Of course, it is much clearer if that is written into a contract that you both sign.

For unionized employees, it is common for the collective agreement to give employers the right to suspend employees on various grounds.

When your employer has no right to suspend, paid or unpaid suspensions are generally considered a unilateral change to a fundamental term of employment, and can trigger a claim for constructive dismissal.

A constructive dismissal can result in the end of the employment relationship and entitle you to compensation, but such claims must be approached strategically.

This will depend upon the terms of your contract or other agreement in place. If your employer has the right to suspend you, it must follow the procedure set out in the agreement when it exercises that right. As long as it observes its contractual obligations when suspending you, the suspension can proceed as established by the agreement.

Unpaid suspensions will be assessed even more critically, but even a paid suspension can constitute a constructive dismissal where your employer does not have the right to impose it.

If your employer has the right to suspend you, and is suspending you in accordance with its policies, then the best course of action is to follow the administrative and disciplinary processes in place. Should you suspect your employer is acting in bad faith, or not following its own procedures, you should consult an employment lawyer to get advice about your rights.

If your employer does not have the right to suspend you, you should document the events and communications regarding the suspension, and get legal advice. You may be entitled to pursue a claim for constructive dismissal and seek compensation, but such claims must be brought strategically.

Administrative leave is similar to a suspension, but while a suspension is disciplinary in nature, an administrative leave is not. You can be removed from the workplace and placed on administrative leave in situations such as during an investigation. During this time, your leave is an administrative leave as your employer assesses whether disciplinary action is required. In these circumstances, your removal from the workplace should not be described as a suspension, as that suggests that you have already been found guilty.

We can help you understand your rights and obligations regarding suspensions. We will explain the potential claims, as well as the potential recovery and risks involved. If you decide to pursue a claim, we will represent you and advocate on your behalf. These issues can be complex, and it is essential to consult with legal professionals for specific advice related to your situation.