Workplace suspensions are difficult for both employers and employees. There is often confusion about the rights and obligations surrounding suspensions, especially if an employee is suspended from work pending investigation. Understanding what these suspensions mean and how they should be handled is key for both parties.

What Is a Suspension From Work?

A workplace suspension occurs when an employer temporarily removes an employee from their work duties. This can happen for various reasons, such as pending investigations into misconduct or disciplinary action. In some cases, employers may suspend an employee without pay, which raises significant legal questions about fairness and the employment contract terms.

Can You Suspend an Employee Without Pay in Ontario?

Employers do not have an automatic right to suspend employees without pay unless this right is clearly outlined in the employment contract or collective agreement. The Supreme Court of Canada, in Potter v New Brunswick Legal Aid Services, 2015 SCC 10, clarified that employers must be cautious when suspending an employee without pay, as such actions may constitute constructive dismissal. If the right to suspend without pay is not expressly stated, the employer may face legal consequences, including claims for wrongful or constructive dismissal.

How Long Can You Be Suspended From Work Pending Investigation?

The duration of a suspension pending investigation depends on the circumstances. The investigation should be handled efficiently, and the suspension must be kept as short as possible to avoid claims of unfair treatment. According to Cabiakman v. Industrial Alliance Life Insurance Co., suspensions must be necessary, made in good faith, and last only as long as required to complete the investigation. Unreasonably long suspensions can lead to potential claims for constructive dismissal if the employee is not reinstated in a timely manner.

What Are My Rights if I Am Suspended From Work Pending Investigation in Canada?

Employees in Canada, including Ontario, have specific rights when they are suspended pending an investigation. These include the right to know the reason for the suspension, the expected duration, and the potential outcomes. If an employee feels that their suspension is unfair, particularly if it is without pay, they may have legal recourse. Employees are encouraged to review their employment contracts and consult with an employment lawyer to ensure their rights are protected.

Rules for Suspending an Employee

An employer may assume they have the right to suspend their employees when they feel it is necessary—for example, during an investigation into alleged misconduct. However, unless the employment contract specifically allows for suspension, particularly suspension without pay, employers risk being accused of constructive dismissal if they suspend an employee, especially if the suspension is prolonged or unpaid.

Employers should also keep in mind that suspending an employee without clearly defined reasons or for an unreasonably long period can severely damage the employment relationship. Employers must always act in good faith, ensuring that they do not violate the terms of the employment contract or labor standards legislation.

Administrative vs. Disciplinary Suspensions

• Administrative Suspension: Often used when an employee is suspended pending investigation into workplace misconduct. These suspensions are typically paid unless otherwise stated in the employment contract or collective agreement.
• Disciplinary Suspension: Used as a form of punishment for workplace misconduct, but it must be clearly outlined in the employment contract. Both types of suspensions must be reasonable and in line with the terms of the contract.

Express vs. Implied Authority to Suspend

• Express Suspension: Occurs when the employment contract contains a clause specifically stating that the employer may suspend an employee under certain conditions. This clause could also reference an employee handbook that outlines suspension procedures.
• Implied Suspension: Even without an express clause, an employer might still have the implied authority to suspend an employee, especially for administrative reasons. However, as per Potter v. New Brunswick Legal Aid Services, there must be a valid business justification, and the threshold for proving this is lower for administrative suspensions than for disciplinary ones.

Conclusion

In Ontario, employers must be cautious when suspending employees, particularly without pay. Suspensions should only occur when they are necessary and reasonable, and employers must ensure that the right to suspend is clearly outlined in the employment contract. Communication is key during a suspension—employees should be informed of the reasons, duration, and outcomes expected. Employers who fail to follow these guidelines risk legal challenges, including claims of constructive dismissal.

If you are an employee facing suspension, or an employer considering suspending an employee, it’s critical to understand your rights and obligations. Both parties should review employment contracts carefully and seek legal advice to deal with this complex issue.

Contact Us

If you are an employee and have questions or have been suspended at work, contact our experienced workplace lawyers today. We can help with examining the events that led up to your suspension. Reviewing and understanding the events that led to your work suspension can help in better determining what options you have available to you.

If you are an employer who wants to suspend an employee, contact our experienced workplace lawyers before doing so. An employee getting suspended at work is not easy and it is common for employees to consult an employment lawyer when that happens. Contact us before suspending an employee and we can help devise a plan that would allow you to do so safely.

Call us today at 1 (800) 771-7882 or email [email protected], and let us help you find the solutions you need to move forward. 

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