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Suspension Pending Investigation: Complete Canadian Guide
Last updated: September 12, 2025
Contents
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.
Suspension Pending the Investigation
Video overview explaining when suspension is justified and how to handle pay and fairness during an ongoing investigation.
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
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
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
Need help on a current suspension?
Request a free confidential 15-minute consultation.
General information only; not legal advice.
