Suspension & Interim Measures
Legal Principles, Administrative Suspension & Practical Guidance
An employer may need to consider interim measures while a workplace
investigation is underway. Suspension is sometimes appropriate, but
it should not be automatic. The decision requires careful consideration
of the seriousness of the allegations, workplace safety, the integrity
of the investigation, the employee’s position and the legal consequences
of removing the employee from active duties.
Right of Suspension Pending the Investigation
A review of the legal principles governing an employer’s ability
to suspend an employee while allegations are investigated. The
article considers when an administrative suspension may be justified
and the risks that arise when the employer acts without a
sufficient basis.
Ontario Arbitration Guidance
An Ontario arbitral decision defines more acutely the test
to assess the need for an administrative suspension pending
completion of the investigation.
Suspension — Employer’s Guide
A practical guide to deciding whether suspension is appropriate
during an investigation. Topics include workplace safety,
possible interference with witnesses or evidence, the seriousness
of the allegations, alternatives to suspension and the terms
on which any suspension should be imposed.
Video: Suspension Pending the Investigation
A short video examining when suspension may be appropriate
while a workplace investigation is underway and the legal
and practical issues employers should consider before
taking that step.