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Workplace Investigation: Suspension: Employer’s Guide

Suspension Hub: Suspension Pending Investigation (Guide)

Workplace Investigation: Suspension: Employer’s Guide

A suspension pending investigation is an administrative step to protect the workplace while facts are gathered. Used properly, it preserves safety, evidence, and fairness. Used poorly, it creates legal risk—including findings of unfairness or constructive dismissal. This guide outlines when to suspend, with vs. without pay, how long is reasonable, and a defensible process for employers in Calgary and across Alberta.

When should an employer suspend?

• Safety or integrity risk: risk of harm, ongoing harassment, evidence tampering, or confidentiality concerns.

• No safe alternative: temporary reassignment/remote work won’t adequately manage risk.

• Proportionality: decision matches the seriousness and is time-limited.

With-pay vs. without-pay

• With pay is the default, lower-risk approach during fact-finding; it preserves the relationship and reduces constructive-dismissal risk.

• Without pay only where there’s clear contractual basis. Benefits typically continue unless a clear, lawful basis says otherwise.

How long is reasonable?

Only as long as reasonably necessary to complete a fair investigation. Plan interviews promptly, set and communicate a target timeline, and provide short status updates. Reassess if new issues arise; narrow scope where possible. Long, undefined suspensions raise risk.

Communication to the employee (tone & content)

• Administrative (not disciplinary) language

• Allegation summary and scope

• With/without pay status, benefits, and expected duration

• Confidentiality and contact person

• Reminder to cooperate; no workplace access if applicable

Process checklist

1. Decide if lesser measures suffice such as a reassignment.

2. Confirm contractual authority.

3. Draft a neutral suspension notice (see template below).

4. Plan the investigation: issues, witnesses, evidence, sequence.

5. Target timeline; book interviews immediately.

6. Provide brief updates if timelines slip (and why).

7. Keep records (rationale, notices, interviews, evidence).

8. Reassess status as facts develop.

9. Close the loop: outcome letter; pay adjustments if applicable.

10. Post-mortem (policy/training improvements).

Risks & controls

• Constructive dismissal risk: avoid indefinite/unpaid suspensions without authority; keep tone administrative.

• Human rights/OH&S exposure: respond promptly to harassment/violence allegations; ensure fair process.

• Privacy: disclose proportionately; secure evidence; limit audience.

• Bias: assign an impartial investigator/decision-maker.

Template — Employer suspension letter (with pay)

Subject: Administrative Suspension Pending Investigation

We are conducting an investigation into [brief subject/scope]. Effective [date], you are administratively suspended with pay. Benefits continue unchanged. This is not disciplinary.

Expected timeline: we aim to conclude by [date]. We will provide brief updates if timing changes. During this period:
• Do not attend the workplace without permission.
• Maintain confidentiality.
• Direct questions to [HR/Investigator].

You will have a full opportunity to respond to the concerns before any decision is made.

Sincerely,
[Name/Title]

↩︎ Back to the Suspension Hub

See also:

Legal Review of Right of Suspension

Procedural Fairness in Investigation

 

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