By Joseph Kelly, Kelly Workplace Lawyers
What is a suspension?
If allegations have been made, it is not uncommon for an employer to ask an employee not to come to the workplace during investigation. This is more likely if the allegations are about risk in the workplace, such as bullying/ harassment or financial risk..
During the ‘stand down’ or ‘suspension’, you should still receive your normal salary, but you will be asked not to attend the office or contact your colleagues.
Do I have to accept the suspension?
If the allegations are about a risk in the workplace, then yes. The employer has an obligation to provide a healthy and safe workplace, which includes suspending employees who are accused of being a risk in the workplace.
Depending on your contract of employment or workplace policies, your employer may also have a right to suspend your employment where there is no risk.
What do I do on suspension?
During the suspension you still need to be available to answer queries from your employer. As you are not performing your usual duties, your employer will expect that you are available to help them with their workplace investigation. This may mean attending investigation meetings or answering questions.
As well as this, your employer may have questions about the work you were doing prior to the suspension, which you will need to answer.
How long can the suspension last?
The suspension should be no longer than is reasonably necessary.
All employers are obligated to act reasonably in workplace investigations. Each investigation will be different depending on the complexity of the issues in dispute, the number and availability of witnesses and the time it takes to get all the evidence together.
If you have been suspended and have concerns, please contact Kelly Workplace Lawyers.
