DO I GET PAID DURING SUSPENSION IN ONTARIO?
Termination and suspension are two scary words. Just the mere thought of these words can make us have terrible spirals. When you are in the situation, it becomes very overwhelming. Despite the stress, you need to act in a composed way and take steps rationally. If facing suspension at work, you might be feeling confused about it. You might wonder, do I get paid during suspension in Ontario? Following are some of the things that you should know about suspension.
What is meant by workplace suspension?
A work suspension happens when the employer relieves the employee of their duties. It is essential to remember that this doesn’t impact the employment relationship. This period can be paid or unpaid.
Why do suspensions take place?
Suspensions usually take place on two grounds administrate and disciplinary. When there is administrative suspension, the employee is under investigation for workplace misconduct or under a criminal proceeding. In a disciplinary suspension, there are punitive measures taken against the misconduct carried out by the employee. Also undertaken when the employer wants to address the poor performance of the employee at work.
What are the rights available to a suspended employee?
Following are some of the rights that are available to a suspended employee. If you have been suspended, you must reach out to a lawyer. They will provide you with the legal course that is available. Along with that, they will also educate you about your rights.
Right to Appeal: Once the decision of suspension has reached the employee they need to check whether there is an opportunity provided to them to appeal the decision. When no such chance is given, the courts usually find it as constructive dismissal. In such a situation, the employee is entitled to a notice of termination. They will also be able to claim the entitlements and benefits applicable when the notice is not provided.
Right to Payment: In administrative suspension, the right to payment is available to the employee. This happens only when the employee is willing to work and available. However, the employment contract can have clauses that waive these rights. As per a Supreme Court ruling, an administrative suspension can be carried out under necessary circumstances, like protecting the business interests. An administrative suspension has to be for a fixed short term, while the employer is acting in good faith. When the employer suspends the employee without any pay it can be considered a constructive dismissal. Even when the employee has been suspended on disciplinary grounds, they have the right to be paid. Unless it has been stated otherwise in the employment contract.
What is expressed and implied suspension?
An employer can’t suspend an employee. Unless the power has been given to them by the employment contract. The authority to suspend should be either expressed or implied by the employment contract. It could be stated by a clause that suggests that employees could be suspended under unique circumstances. The employer could also possess implied authority.