When is an employee suspended pending a disciplinary hearing?
Suspension of an employee pending a disciplinary process Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing.
When was the last time an employee was suspended?
The employee was suspended prior to the holding of a disciplinary hearing, which was only held in March 2011; it was only in June 2011 that the employee was informed that she was found guilty of misconduct.
Can a precautionary suspension of an employee be?
The Labour Court stated that when dealing with a precautionary suspension, in which the employee’s full salary is provided to the employee in question, there is no need for an employee to be given an opportunity to submit representations, and there is no prejudice to the employee.
When to suspend an employee for gross misconduct?
Employers should consider suspending an employee only where the alleged misconduct is of a serious nature or of a gross misconduct nature and when it fits into one of the following categories. There is a potential threat to property and/or other employees
What happens to an employee during a suspension?
During the period of suspension, the employee’s contractual rights and obligations under the contract of employment continue. An employee should be suspended with full pay pending the outcome of an investigation or disciplinary process.
Can a person be suspended while an investigation is taking place?
Often disciplinary procedures will contain a provision enabling the employer to suspend an individual, with pay, while an investigation takes place into allegations of misconduct. However, employers should not suspend you without considering whether suspensionis really necessary and without discussing the alternatives with you.
Employers should proceed with caution when deciding to suspend an employee who is accused of gross misconduct or some other serious disciplinary matter. There should be a disciplinary policy in place which reserves the right to suspend an employee and it should be applied to all employees in a consistent manner.
How long can you be suspended from work?
Also, any period of suspension should be for the minimum period possible, and should be kept under review. You should be paid your normal wages while suspended, pending the outcome of a disciplinary, and you continue to build up holiday while suspended.