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Suspension Pending Investigation: Complete Canadian Guide

Last updated: September 12, 2025

Suspension Pending Investigation: Complete Canadian Guide

A suspension pending investigation is an administrative step used to protect the workplace while facts are gathered.
This hub pulls together three resources: an Employer Guide, an Employee Rights guide, and a Legal Review.
Calgary & Alberta focus; general Canadian principles.

See full approach at Calgary Workplace Investigations.


For Employers

When to suspend, with vs without pay, how long is reasonable, and a defensible process.

  • When suspension is appropriate vs reassignment/remote work
  • With-pay (lower risk) vs without-pay (exceptional; authority required)
  • Timelines, updates, documentation
  • Administrative suspension letter template

Open the Employer Guide

For Employees

Your rights during a suspension: notice, disclosure, chance to respond, timelines, pay/benefits.

  • How long a suspension can last
  • With-pay vs without-pay: what it means in practice
  • Updates you should receive & confidentiality
  • When a suspension risks constructive dismissal

Open the Employee Rights Guide

Legal Review

Fairness standards and documentation that make a suspension defensible.

  • Procedural fairness: notice, disclosure, opportunity to respond
  • Proportionality & timeliness (avoiding indefinite suspensions)
  • Unionized vs non-union considerations
  • Constructive dismissal & damages exposure

Open the Legal Review


Quick Answers (FAQ)

How long can a suspension last?

Only as long as reasonably necessary to complete a fair investigation.
Plan interviews promptly, set a target timeline, and give brief status updates.
Extended, unexplained delays increase risk.

What’s the difference between suspended with pay and without pay?

With pay is the safer default during fact-finding; it preserves the employment relationship.
Without pay is exceptional and needs clear contractual authority.
Benefits typically continue unless there is a clear, lawful contractual basis to change them.

What fairness standards apply during the investigation?

At minimum: clear notice of concerns and scope, proportionate disclosure of key evidence,
a real opportunity to respond, an impartial investigator/decision-maker, and timeliness with documented reasons.


Related:
Employer suspension checklist ·
Employee rights during suspension ·
Legal review of suspensions

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General information only; not legal advice.