Does an employer have the right to suspend an employee?
It depends on the circumstances.
An employer may suspend an employee for reasons relating to an investigation of an employee's action, like misconduct. The suspension should not be used as a disciplinary tool - the length of the suspension should reflect the time needed to conduct the investigation, so the employer should not let it drag on.
It is best practice to suspend an employee only where there is a term in the employment agreement giving power to do so. While in some exceptional circumstances an employer may be able to suspend an employee even though there is no such term, it may be harder for the employer to justify the suspension.
When an employer is considering whether or not to suspend, the employer should tell the employee of the possibility of suspension, why suspension is being considered, and give the employee an opportunity to comment on the possible suspension.
Any suspension should be on full pay. Suspension without pay can only be considered if it is specifically provided for in the employment agreement.
An employer may suspend an employee where an employee has gone on strike. Click here for more information on strikes.
Date Modified: Monday, August 31, 2009
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice.State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
