Should I Continue to Email During a Work Suspension

Contents

• 1 What Is Suspension From Work?
  • 1.1 There are two types of suspension:
  • 1.2 Suspending an employee could be to highlight the following reasons:
• 2 What can get me suspended from work?
  • 2.1 A Suspension letter should highlight:
  • 2.2 There are several reasons why you might be suspended from work. Some of them include:
• 3 What are my rights while on suspension?
  • 3.1 Some signs that you are being denied procedural fairness include:
• 4 Wrapping up

Suspension! That word is a nightmare to all employees. Waking up to realize you are going to spend the day feeding the cat and catching up on Netflix sounds like fun, but not when you are a victim of a workplace investigation. It can be heart-wrenching missing out on your job and wonder what decisions the upper echelon is going to take.

While most employers resort to suspension for any reason disciplinary workplace investigation, it is pertinent that they proceed with caution while adopting suspension as a knee-jerk reaction. Employees are entitled to some rights even while in suspension, and such rights must be upheld by the employer to avoid a breach of contract.

Employers might decide to adopt alternatives to suspension such as placing such employees under supervision, removing them from their department, or allowing them to work from home during the period of their suspension. Not allowing employees to respond to allegations of wrongdoing before suspension could lead to a breach of trust and solidify a claim for constructive dismissal.

If you are currently suspended from work perhaps due to health reasons, pregnancy, or an ongoing investigation, whatever the reason, you need to understand your rights while you wait for the final verdict.

What Is Suspension From Work?

Suspension is when an employee is sent home from work, usually while receiving full pay. Be aware suspension can be paid or unpaid, particularly if you are a casual worker. Suspension from work happens when an employee remains employed but is asked not to continue working either at the office or from home. This means the employee is still a part of the company but cannot function in some capacity.

Usually, suspension policies are enshrined in the employees' contract of employment or the staff handbook. Employers are entitled to suspend an employee following an investigation of gross misconduct or a disciplinary matter.

Usually, an employer initiates a suspension by giving a suspension letter to the employee (a letter that temporarily prohibits an employee from performing work pending a disciplinary investigation.) such letters are documented for future reference. Suspension should also be kept under review; it shouldn't go on indefinitely, giving room for an employee to feel disgruntled.

All personal information collected during the suspension procedure must be processed following the data protection policy and employee privacy notice. A data protection policy outlines the policies and procedures a business will comply with when dealing with personal information and personal data.

There are two types of suspension:

• Suspension due to health or safety reasons: If an employee is facing difficulties at work due to their health, such a person may be suspended to enable them to deal effectively with such a condition.
• Suspension due to workplace investigation: If an employee is alleged to have committed a serious and questionable offense, they might be suspended for the period of investigation.

Suspending an employee could be to highlight the following reasons:

• The gravity of the issue is under investigation.
• To alienate the employee from the work environment and avoid them interfering with evidence.
• To enable the employer to carry out such investigation without any form of bias.
• To cease communication between such employees and other workers or customers which is detrimental to business.
• To serve as an excuse to get the employee exasperated and leave.

What can get me suspended from work?

A Suspension letter should highlight:

• The reason and duration for the suspension.
• Their rights and obligations during the suspension period.
• Any information that the suspension is not an assumption of alleged guilt but only an investigation.

There are several reasons why you might be suspended from work. Some of them include:

• Exhibiting violent or aggressive behavior.
• Occupational hazard or health reasons.
• An alleged claim of sexual harassment or inappropriate behavior.
• Sending pornographic content to co-workers.
• Reputation damage to the company.
• Reckless or negligent behavior.
• Continuous complaints of a behavior you have been warned against in the past.
• Performance issues that affect the company's viability or profits.

What are my rights while on suspension?

As a suspended employee, you have the right to procedural fairness during a workplace investigation. This implies that the procedure by which the decision is made must be fair and free from bias.

Some signs that you are being denied procedural fairness include:

• Raising other allegations about unrelated or trivial cases.
• The investigation is conducted by a key witness leading to a conflict of interest.
• A decision is made before the investigation is completed.
• Being dismissed while the investigation is still ongoing

Under the Fair Work Act 2009, employers ultimately have broad powers to take 'reasonable management action' when conducting workplace investigations, which does not have a specific legal definition and it is rather at the employer's discretion what they deem to be 'reasonable'. This makes it difficult to determine when your employer is acting unreasonably in an investigation.

It is important to note that you can only be investigated for an act committed in the workplace or connected to work. Your rights, while suspended, including whether or not you should be paid. While suspended, you should be paid as you are still an employee of such a company. However, an extended period of suspension might lead to a voluntary resignation from the employee and constitute a case for constructive dismissal.

If the workplace investigation is ongoing, you can take action in the Fair Work Commission to prevent unjust disciplinary action or termination through (Form F8C). If the workplace investigation has concluded and you have returned to work unfavorably, you may also be able to pursue a General Protections Application. If the workplace investigation has concluded and you have been dismissed from your employment, you may be eligible for an Unfair Dismissal Application (Form F2) or a General Protections (Involving Dismissal) Application (Form F8).

Through this application, you may seek to have the issue resolved and return to a safe work environment, or seek an exit package consisting of compensation and resignation. This can be done within 21 calendar days from the date the dismissal took effect. This application helps you seek compensation and restore your employment record by having the termination turned into resignation. Then you only have to worry about how to interview after the end of employment.

Wrapping up

Handling conflicts in the workplace and settling cases of employees' gross misconduct is no small feat. This decision should not be made by the number of strikes (warnings) an employee receives. Disciplinary actions must be fair, to both parties and suspension should be executed only after alternative means have been tested.

Even as a suspended employee, you have rights and you should ensure they are not eliminated. Outright suspension of an employee without giving them a fair chance to respond to the allegations can constitute a constructive dismissal case. In constructive dismissal, the onus of proof lies with the employee. You will need to prove that your employer breached a fundamental part of the contract in suspending you.

Whatever allegations you might be facing in a workplace investigation, it is important to seek help early in the process. Applying for Fair Work Commission general protection helps you seek compensation and restore your employment record by having the termination turned into resignation.

The Fair Work Commission tribunal serves as a middleman for cases between employers and their employees. As an employee on suspension, you can call us on 1300 766 700 to determine if your rights have been infringed by your employer and whether you should gear up for filing a constructive dismissal case against your employer due to your suspension.

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Source: https://awna.com.au/suspended-from-work/

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