SUSPENSION - THE PURPOSE & NAVIGATION

Suspension is one of the most sensitive tools available to an employer during a workplace investigation or disciplinary process. While it is temporary and does not terminate employment, it can have a significant emotional, reputational, and professional impact on the employee involved. For this reason, suspension must never be treated as a routine response to alleged misconduct. When applied incorrectly, it can expose an employer to claims of unfair labour practice and undermine trust in workplace processes.

Let’s explore the true purpose of suspension, the different forms it can take, and how employers can navigate suspension in a way that is both legally compliant and practically effective.

What Is Suspension?

Suspension refers to the temporary removal of an employee from their normal duties. Importantly, the employment relationship continues during suspension. The employee remains employed and, in most cases, continues to receive full remuneration and benefits.

Suspension is not intended to be a finding of guilt. It is an interim measure that must be justified by the circumstances and handled with care.

The Purpose of Suspension

The primary purpose of suspension is to protect the integrity of a workplace process. It is not designed to punish an employee or to signal an outcome before an investigation or disciplinary hearing has taken place.

Legitimate reasons for suspension include:

• Preventing interference with an investigation, such as tampering with evidence or influencing witnesses

• Protecting the safety of other employees, clients, or the business

• Preventing further potential misconduct while allegations are being investigated

• Allowing an investigation to proceed objectively and without pressure

If these objectives are absent, suspension is unlikely to be justified.

Types of Suspension:

1. Precautionary Suspension

Precautionary suspension is implemented before a disciplinary hearing and is used as a holding measure while an investigation is conducted. It is not a disciplinary sanction and should not be treated as one.

For precautionary suspension to be fair:

• There must be a prima facie reason to believe that the employee may have committed serious misconduct

• The employee’s presence at work must pose a real risk to the investigation or workplace

• The suspension should be on full pay

• The suspension must be for a reasonable and limited period

Precautionary suspension should always be linked directly to an ongoing investigation and should fall away once that investigation is finalised.

2. Punitive Suspension

Punitive suspension is a form of discipline imposed after an employee has been found guilty of misconduct in a fair disciplinary hearing. It operates as a sanction, often as an alternative to dismissal.

Because punitive suspension is disciplinary in nature, it may only be imposed once all procedural requirements for discipline have been met. This includes a fair hearing, clear charges, and consideration of mitigating and aggravating factors.

Key Principles for a Fair Suspension

To navigate suspension successfully, employers should ensure that the following principles are observed.

Substantive Fairness

There must be a valid and objective reason for suspension. This means more than a suspicion or discomfort with the employee’s presence. The employer must be able to demonstrate that the alleged misconduct is serious and that continued attendance at work poses a genuine risk.

Procedural Fairness

Fair procedure requires transparency and consistency. Employees should be informed of:

• The reason for the suspension

• Whether the suspension is precautionary or disciplinary

• The expected duration of the suspension

• What process will follow, such as an investigation or disciplinary hearing

While case law has confirmed that prior representations are not always required for precautionary suspension in the private sector, employers must still be mindful of contractual obligations, disciplinary codes, collective agreements, and workplace practices that may require consultation.

Duration of Suspension

Suspension must not be open-ended. A reasonable timeframe should be communicated and adhered to. Delays in finalising investigations or hearings can render an otherwise lawful suspension unfair.

Best practice dictates that investigations and disciplinary processes should proceed without unnecessary delay and that extensions should be properly justified and communicated.

Pay During Suspension

As a general rule, precautionary suspension must be on full pay. Suspending an employee without pay before a finding of guilt is likely to constitute a breach of contract and an unfair labour practice, unless the employee has expressly agreed otherwise or the suspension forms part of a disciplinary sanction imposed after a hearing.

Common Mistakes to Avoid

Employers often run into difficulty when suspension is:

• Used as a knee-jerk reaction to allegations

• Applied without clear reasons or documentation

• Allowed to continue for excessive periods

• Treated as an implied finding of guilt

• Communicated poorly, causing unnecessary reputational harm

Avoiding these pitfalls requires planning, consistency, and a clear understanding of the legal purpose of suspension.

Practical Guidance for Employers

To ensure suspension is managed effectively:

• Assess whether suspension is truly necessary, or whether alternative measures such as temporary reassignment may suffice

• Clearly distinguish between precautionary and punitive suspension

• Document the reasons for suspension carefully

• Communicate with the employee in a respectful and professional manner

• Review progress regularly to ensure the suspension remains justified

Suspension is a powerful but delicate tool. When used correctly, it protects investigations, safeguards the workplace, and upholds procedural fairness. When misused, it can damage employment relationships and expose employers to legal risk.

The key to navigating suspension successfully lies in understanding its purpose, applying it only where genuinely necessary, and ensuring that fairness remains central throughout the process. Suspension should never be a substitute for proper investigation or disciplinary action, but rather a temporary measure used with restraint, clarity, and care.