The employment agreement, policy and any contractual power the employer relies on.
SUSPENSION FROM WORK
Suspension is not a neutral word just because the letter says it is.
Suspension removes an employee from the workplace while employment continues. It can sometimes be justified, but the reason, process, pay status and duration all matter.
UNDERSTAND THE PROBLEM
Suspension is usually a holding measure, not a finding of guilt.
Suspension removes an employee from the workplace for a period while employment continues. It is commonly used where an employer says there is a legitimate reason the employee should not remain at work during an investigation or other process.
Because suspension can be damaging even when paid, the employer should have a proper basis for considering it, follow any contractual requirements, consult where required by the circumstances, and keep the need for suspension under review rather than allowing it to drift.
WHAT MATTERS
What to examine
The reason suspension is said to be necessary, such as safety, evidence integrity or workplace relationships.
Whether the employee was given an opportunity to comment before suspension where a fair process required it.
Whether suspension is paid, proportionate, time-limited in practice and regularly reviewed.
THREE QUESTIONS FIRST
Get these straight before the argument gets bigger.
What risk is the employer trying to manage?
Were you given a chance to comment before suspension where practicable?
Is the suspension being reviewed rather than allowed to drift?
WHAT TO DO NOW
If you are suspended
Get the terms in writing
Confirm whether suspension is paid, its stated reason, restrictions and the next procedural step.
Ask what is being investigated
Suspension should not become a substitute for clear allegations and a progressing process.
Comply carefully
Do not breach reasonable confidentiality, contact or access directions while disputing them through the proper channel.
Request review if it drags
Ask what has changed, what remains outstanding and why continued suspension is said to be necessary.
WARNING SIGNS
Things worth looking at closely.
- Suspension is used as punishment before findings are made
- No clear reason is given
- Unpaid suspension is imposed without a proper legal basis
- The suspension continues for an excessive period without review
- The employer refuses to consider less intrusive alternatives
COMMON MISTAKES
Ways employees accidentally make the problem harder.
DON'T
Treating suspension as dismissal and simply stopping communication.
DON'T
Contacting witnesses or accessing systems in breach of reasonable directions.
DON'T
Assuming paid suspension cannot be challenged because wages continue.
DON'T
Letting an open-ended suspension continue without asking for progress or review.
POSSIBLE OUTCOMES
What a useful result can look like.
Return to work or modified arrangements
A shorter, reviewed suspension
Correction of an unjustified disadvantage
A later grievance if suspension forms part of an unfair disciplinary process
FAQ
Suspension from work
Is suspension the same as dismissal?
No. Employment continues during suspension.
Should suspension normally be paid?
Suspended employees are commonly kept on pay. Unpaid suspension raises additional legal issues and should not be assumed to be permissible.
Can I challenge a suspension?
Potentially, particularly where the decision materially disadvantages employment and is not justified.
Can my employer tell colleagues why I am suspended?
Confidentiality and fair process concerns can arise. The answer depends on what is said, to whom and why.
FROM PROBLEM TO OUTCOME
Most disputes move through the same basic sequence.
- 1Preserve
Documents, dates, evidence and the deadline.
- 2Raise
Put the actual grievance or response clearly.
- 3Resolve
Negotiate or mediate where a sensible resolution is available.
- 4Escalate
Use the ERA or Court where the dispute cannot be resolved.
SUSPENSION FROM WORK
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