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What are your employee's rights if you suspend him pending the completion of the investigation?

by , 27 August 2014
One of the things you must do in preparation for a disciplinary hearing is to consider suspending your employee.

You can suspend your employee if you believe there's a potential danger in keeping him at work during this time. For example, you fear he'll tamper with evidence or intimidate your witnesses.

While it's perfectly legal to suspend your employee in this case, it doesn't mean he doesn't have rights. He has rights and you must respect them to ensure suspension is fair.

Here are your employee's three rights if you suspend him pending the completion of the investigation.


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If you suspend the accused employee pending the completion of the investigation he has the following rights

Right #1: Your employee has a right to a timeous scheduling of a disciplinary hearing or the closure of the case.

Right #2: He has a right to full remuneration;

Right #3: He has a right to supervised access to witnesses and other sources of evidence necessary to prepare his defence, should you lay a formal disciplinary charge.

Now that you know your employee's right's when it comes to suspension, keep these three points in mind
 

  1. You must notify your employee in writing of his suspension and of his rights and get him to sign for receipt. This is so your employee doesn't pretend you have evicted him as part of a dismissal, says the Labour Law for Managers Loose Leaf Service.
 
  1. You can ask your suspended employee to be constantly available during working hours in case you need his services, a meeting or a discussion with him.
 
  1. It's a good idea to advise your employee that he may not be employed elsewhere while on suspension.
 

Now that you know your employee's rights when you suspend him pending the completion of the investigation, respect them to ensure suspension is fair.

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