Employee suspension

1. Definition of employee suspension

Suspension is a common practice in the workplace for being in violation of company policy. Employee have to stop temporary from work.

2. Type of Suspension?

It is generally accepted that there are two types of employment suspensions.

• ‘Preventative suspension’ refers to the practice of suspending (or removing) an employee from the workplace to ensure that he or she does not interfere with the investigation of disciplinary charges.

• The other suspension is termed a ‘punitive suspension’ and refers to the practice of suspending an employee as a disciplinary action.

3. When do you use suspension?

• Desertion of duty.

• Deliberate refusal to carry out written orders.

• Where the continuance of the employee at workplace may endanger industrial peace and harmony and peace as well.

• Where preliminary enquiry into allegations has revealed a prima facie case justifying criminal or departmental enquiry, which are likely to lead to his conviction or/ dismissal.

• Where the employee is suspected to have engaged himself in activities prejudicial to the interest of the security of the company.

• An offence of conduct involving moral turpitude.

• Where the continuance of the employee may endanger industrial peace or security.

• Where continuance of the employee may prejudice investigation-tampering documents/witnesses.

• Where the continuance of the employee may be against the interest of industry or its employees.

• Corruption, embezzlement, theft or misappropriation of company money.

• Serious negligence resulting in considerable loss to the company.

4. Principles of suspension

• If the suspension is a punitive suspension, it should only be adopted following a formal disciplinary action in which dismissal was a reasonable and appropriate sanction.

• Ensure that the suspension period is reasonable; a number of Court decisions have dealt with suspensions that last two years or more, which are likely to be held to be unfair.

• Include suspension clauses in your employment agreements to ensure that a suspension does not amount to a common law breach of contract.

• If the suspension is a preventative suspension, you must pay the employee throughout the suspended period.

• To ensure the process is not unfair, you ought to consult with employees prior to a preventative suspension to give them an opportunity to respond to the decision to suspend.

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