12. Suspending an employee

If you dot not wish the employee to be on the premises while you are making an investigation, you may suspend the employee on full pay. Suspension is where the obligations of the employee cease and work is not performed. The contract itself, however is not terminated. Caution should be exercised here when suspending an employee. Just as there must be good grounds for dismissal, there must also be good grounds for suspension. Generally, suspension is used when the employee has committed serious misconduct. But suspension will not be appropriate in all cases of serious misconduct. The degree of seriousness of the misconduct must be taken into account.

Examples would be where the employee poses a real threat to a fellow worker(s). A case could be one say, sexual harassment. Another example could be where the misconduct in question poses a real threat to the business such as allegations of theft (or more safely referred to as 'unauthorised removal of company property'). A threat to security or confidentiality would be considered grounds for justified suspension.

Suspension without good cause is a breach of the contract. Further, a suspension may by unfair unless the employee has been approached and asked for his/her point of view. The employer must also have a genuine reason to think that the behaviour complained of will reoccur during the period of investigation if the employee is not suspended. Also, an employee should not be suspended indefinitely. In fact, employer’s should ensure that the period of suspension is no longer than absolutely necessary. An employer should carry out the investigation and resolve the matter as quickly as possible.

Record the events and the sequence of events clearly, accurately and in writing to assist with a prompt resolution to the matter. Of course, this record will stand the employer in good stead should there be an attempt by the employee to bring a personal grievance claim.

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