Suspended From Work in Ontario?
Workplace suspensions can be confusing, stressful, and legally risky, whether you’re an employee facing a sudden suspension or an employer trying to manage workplace issues fairly. In Ontario, the law surrounding suspensions from work, especially suspensions without pay, is complex. Knowing your rights and obligations can help you avoid costly mistakes.
This article answers the most common questions about workplace suspensions in Ontario and provides legal insights for both employees and employers.
What Is a Suspension From Work?
A suspension from work happens when an employer temporarily removes an employee from their job duties. This can occur for several reasons, such as:
- An investigation into alleged misconduct
- Disciplinary action
- Workplace safety concerns
Suspensions may be with pay or without pay, but not all suspensions are legal or enforceable under Ontario law.
Can an Employer Suspend You Without Pay in Ontario?
Generally, employers cannot suspend an employee without pay unless:
- The right to suspend without pay is clearly outlined in the employment contract or collective agreement, or
- The employer has just cause for dismissal but chooses to suspend instead.
The Supreme Court of Canada in Potter v. New Brunswick Legal Aid Services Commission confirmed that suspending an employee without pay and without clear contractual authority could be considered constructive dismissal—a situation where an employee is entitled to treat the employment relationship as terminated and seek damages.
How Long Can You Be Suspended From Work Pending Investigation?
There is no strict legal limit on how long an employer can suspend an employee pending investigation in Ontario. However, the law requires that:
- The investigation be conducted promptly and efficiently.
- The suspension be reasonable in length and scope.
- Communication with the employee be clear about the reason and expected duration.
Prolonged suspensions without updates or clear timelines can increase the risk of legal claims such as constructive dismissal.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whether you’re an employee facing suspension or an employer implementing one, understanding the legal boundaries is essential to avoid costly mistakes. Consult with an experienced employment lawyer before taking the next step.”
What Are My Rights If I Am Suspended From Work Pending Investigation?
If you’ve been suspended from work pending investigation, you have the right to:
- Know why you are suspended.
- Be informed of the anticipated duration of the suspension.
- Review your employment contract to see whether unpaid suspension is permitted.
- Seek legal advice to determine whether your rights have been violated.
If you are suspended without pay and there is no contractual authority to do so, you may be entitled to compensation or damages.
Can You Be Suspended Without Being Told Why?
Suspending an employee without providing a reason is risky for employers. While not every suspension requires full disclosure immediately, procedural fairness is important. Employers should provide:
- A clear explanation of the general nature of the allegations or concerns.
- An opportunity for the employee to respond before disciplinary action is finalized.
Failing to communicate the reason for suspension could lead to wrongful or constructive dismissal claims.
Paid vs. Unpaid Suspension: What’s the Difference?
- Paid Suspension: Typically used for administrative suspensions pending investigation where no conclusion has yet been reached. This helps preserve the employment relationship.
- Unpaid Suspension: May be used for disciplinary reasons, but only if the employment contract or policy allows for it. Unpaid suspensions carry higher legal risks.
How Long Should a Suspension Last?
While Ontario law does not set a fixed maximum duration, best practices include:
- Keeping the suspension as short as reasonably possible.
- Regularly update the employee on the status of the investigation.
- Seeking legal guidance on whether a suspension is likely to last more than a few weeks.
- Yes, but only if the employer has just cause for dismissal or if termination is handled with proper notice or severance.
- Unless your contract says otherwise, you typically continue to be paid during an administrative suspension.
- You may be eligible for Employment Insurance (EI) if you are suspended without pay, but each case is assessed individually by Service Canada.
- Administrative suspensions are usually with pay, pending investigation. Disciplinary suspensions are imposed as punishment and may be unpaid if legally allowed.
Employer Considerations: How to Suspend an Employee Safely
Employers should:
- Ensure contracts allow for suspension without pay if disciplinary suspensions are planned.
- Use paid administrative suspensions where possible during investigations.
- Communicate clearly and promptly with employees.
- Avoid indefinite suspensions without updates.
- Seek legal advice to avoid triggering constructive dismissal claims.
What To Do If You’ve Been Suspended From Work
If you’ve been suspended and have concerns about fairness, pay, or your rights:
- Review your employment contract.
- Document everything: dates, communications, and events leading to the suspension.
- Contact an employment lawyer to understand your legal options.
Call Achkar Law for Legal Advice on Work Suspensions
Whether you’re an employee facing a workplace suspension or an employer looking for guidance, Achkar Law can help.
Phone Toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics
For Employees: Workplace Disputes, Employment Contracts.
For Employers: Workplace Disputes, Workplace Investigations, Employment Contracts, Labour & Employment Law Compliance.