Alex What does it mean to be suspended with pay?
“Suspension with pay” more often means “suspension pending investigation” instituted when an employee is investigated for allegations of misconduct. It’s not a punishment because the allegations have not been proven, rather it’s to avoid interference by the employee under investigation.
Can a person be suspended from work without pay?
It is generally permitted for your employer to suspend you from work with pay for a short period of time whilst they investigate an allegation of misconduct or some other disciplinary issue. However there are some restrictions on when and how an employer can suspend you and what they should do whilst you are suspended. The key points to note are:
What should I do if my employee is suspended?
You should hold a meeting with the employee, explain the reasons for the suspension, the nature of the allegations of misconduct that need to be investigated, the likely duration, what they can and can’t do while suspended, what the next steps are and what the potential outcomes of the investigation could be.
Can you suspend an employee during a disciplinary hearing?
While they are suspended, they should be available and contactable during working hours. You may tell the suspended employee that they are not to contact their colleagues and clients or service users unless for the purposes of preparing for a disciplinary hearing. When can you suspend an employee?
“Suspension with pay” more often means “suspension pending investigation” instituted when an employee is investigated for allegations of misconduct. It’s not a punishment because the allegations have not been proven, rather it’s to avoid interference by the employee under investigation.
What happens if an employee is suspended by the CCMA?
What is not so well known, is that the employee could claim additional compensation if the suspension is regarded as being unfair. In a well-publicised case, the CCMA awarded an employee five months’ remuneration in addition to the normal pay that the employee received while on suspension.
Can a suspension with pay be considered a disciplinary action?
Sections 8 of the code states: “In cases where a period of suspension with pay is considered necessary, this period should be as brief as possible, should be kept under review and it should be made clear that this suspension is not considered a disciplinary action.”
What happens when an employee is suspended from work?
Suspension is often part of an organisation’s disciplinary procedure, to allow an investigation to take place. Employees can be suspended for medical or health and safety reasons. You remain an employee and your employment rights continue while you are suspended.
Do you get paid if you get suspended from your job?
Unless there is a clause in your contract that says your employer can suspend you without pay, you should receive full pay while you are suspended. Most suspensions are on full pay, even when part of a disciplinary process. Whether payments such as overtime or commission are included depends on the precise wording of an employment contract.
Can a company suspend a person without pay?
Unless there is a clause in your contract that says your employer can suspend you without pay, you should receive full pay while you are suspended. Most suspensions are on full pay, even when part of a disciplinary process.
Why is suspended with pay considered a punishment?
Loading… It isn’t a punishment and isn’t meant to be a punishment. It is a means of removing a person temporarily from the environment they were in when a complaint or allegation was made in order to allow time to properly investigate the allegation.
What is not so well known, is that the employee could claim additional compensation if the suspension is regarded as being unfair. In a well-publicised case, the CCMA awarded an employee five months’ remuneration in addition to the normal pay that the employee received while on suspension.
What happens when an exempt employee is suspended without pay?
When an employer suspends an exempt employee without pay, the employer runs the risk of changing the employee’s status to non-exempt and being liable for overtime pay, which can become very costly.
What was the award for suspending an employee without pay?
The original trial judge agreed with the claim and awarded the employee the equivalent of 17 months’ lost wages, $100,000 punitive damages and $82,600 in costs. Complex Services appealed the decision, and the Court of Appeal set aside the punitive damages award and reduced the quantum of damages in lieu of notice.
Can a person be suspended without pay under the BCEA?
(-) The Labour Court has held that suspension without pay is a permissible disciplinary penalty under appropriate circumstances. It has been held that the prohibition of deductions from an employee’s remuneration in terms of section 19 of the BCEA, does not preclude an employer from imposing a penalty of suspension without pay.
When is summary suspension with pay not unfair?
(-) Summary suspension with pay, my not be unfair if the employer has a reasonable apprehension that a legitimate business interest would be harmed if the employee’s continued presence in the workplace. If there is no good reason for the suspension, or if the employee is not given an opportunity to be heard, it will be unfair.
When an employer suspends an exempt employee without pay, the employer runs the risk of changing the employee’s status to non-exempt and being liable for overtime pay, which can become very costly.