An employer who suspects an employee is guilty of misconduct can hold a disciplinary hearing to establish whether or not the employee is guilty and, if he is, to decide on an appropriate penalty. However, sometimes it takes time to properly investigate the incident. If the issues are serious, employers may want to suspend the employee pending the outcome of the disciplinary hearing.
There are minimum standards to ensure fair dealing between employer and employee.
First, the employer must have a justifiable reason to believe the employee is engaged in serious misconduct.
Second, there must be an objectively justifiable reason to deny the employee access to the workplace based on the integrity of a pending investigation or another relevant factor that would place the investigation or the interests of affected parties in jeopardy, i.e if there is a reason to believe the employee will interfere with witnesses or endanger their safety or wellbeing.
Third, the employee must be given an opportunity to state a case before the employee makes a final decision to suspend. This does not have to be a formal hearing.
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