Select Page

“Pending investigation, the issue arises as to whether the employer is empowered to suspend the employee and if so, whether the employer is obliged to pay the affected employee his wages or salary and the appropriate amount payable. It must be noted, the payment of wages is an essential term of the contract. Any unilateral variation of the essential terms of the contract, if not acceptable by the employee, tantamount to repudiation of the contract. In such a situation, the employee is entitled to regard the contract as terminated and himself as having been dismissed from employment. Suspending an employee pending investigation into the allegations of gross misconduct is part of industrial labour practice. It is the implied right of the employer to suspend an employee during the pendency of investigations. Suspension pending enquiry should be issued only in fit and proper cases and should be done carefully and cautiously and in haste unless it was absolutely necessary.”

– AAAM