As much as we might enjoy our job, it can sometimes get really stressful. The stress goes through the roof when the doom of suspension starts to cloud around us. When this happens, the confusion about what is happening and your rights can make the process more daunting. Here is what happens when you get suspended from work
What is understood by workspace suspension?
Work suspension takes place when the employer relieves an employee of their duties. During the suspension, the employment relationship continues. The period of suspension could be paid or unpaid.
What are some of the reasons why an employer suspends the employee?
The employer could suspend the employee for reasons related to administration or discipline. The most common reason for the administrative suspension is that the employee is under investigation for misconduct at the workplace or criminal proceedings. A disciplinary suspension is considered a punitive measure when there is misconduct. It is also considered as a part of a progressive disciplinary process when there has been poor performance at work.
What are the rights that a suspended employee has?
Following are the rights that a suspended employee has.
- Right To Appeal: Once an employee has received information about the suspension, if they don’t have the opportunity to appeal in court, meaning that there is a high chance the courts will find it as constructive dismissal. When this happens the employee will be entitled to a notice of termination. They will also be able to claim the entitlements and benefits that one is entitled to when the notice is not given correctly.
- Right to Payment: Mostly, when there is an administrative suspension, the employee is entitled to payment. It happens only when the employee is available and willing to work, but the right shouldn’t have been waived by the employer in the employment contract. An administrative suspension should be carried out in circumstances when it is necessary to protect the business interest. The suspension should be for a short time with a fixed period, and the employer must be acting out of good faith. One is entitled to pay even during disciplinary suspension unless the employment contract states that it can be waived.
What is the difference between Expressed and Implied Suspension?
An employer can’t simply suspend an employee on administrative or disciplinary grounds. Unless this power has been stated in the contract. The authority to suspend the employee is either expressed or implied in the contract. A suspension could be discussed in a clause, suggesting that the employee might be subject to suspension when certain circumstances arise or there is a policy book that states these provisions. On the other hand, the employer could also have an implied authority which gives them the power to suspend employees.
Reach out to a lawyer
It is imperative to be aware of your rights when facing a suspension. Having a lawyer by your side through this process can help to make the situation easier. They will help you determine the legal options available and educate you about your rights.