Suspension

LegacyUser

Hi all,
If you get suspended as punishment, does a company have to tell you how long they are suspending you for?
My gf got suspended along with a coworker (money being missing (€50)), she didn't take any money but is being suspended as she didnt' follow proper cash counting procedures. As far as I can tell the suspension is the punishment, as opposed to being suspended with pay til the investigation finishes. So surely she should have been told if it was for a few days or a few weeks or what?
She was understandably upset at being told she was suspended so didn't ask.
She's in bits over it all and no way wants to ring them, but does she wait and see if they call her to come back to work or what?!

wmpdd3

If she received a suspension as a punishment, she should have had an investigation, outcome meeting, disciplinary meeting and a outcome meeting. This last meeting is when the details of the suspension should have been given.

She should have had a employee witness all last meetings also. Notes should have been taken which she could request a copy of. This may contain more info about the suspension.

I take it, it went more like, manager took her aside and told her she was wrong and told her she was suspended. If she is there over a year, I would send a letter asking for clarification of the suspension. If she is there less than 1 year I wouldn't rock the boat as she could end up with a weeks notice.

If she is there less than a year, try calling to see if she is on the rota for next week.

pollypocket10

She needs to contact the company. It might be uncomfortable for her but she has to do it.

How long has she been working for this company? Was an investigation into the incident completed? What exactly was she told when this suspension began.

We need more info to advise you properly here.

3DataModem

You can be suspended pending an investigation, hearings not required.

wmpdd3

3DataModem wrote: »

You can be suspended pending an investigation, hearings not required.

Suspension would have to be paid as not to insinuate guilt. Also if suspended pending an investigation, she should have received notice of the investigation so she could arrange a witness.

Eoin

wmpdd3 wrote: »

Suspension would have to be paid as not to insinuate guilt. Also if suspended pending an investigation, she should have received notice of the investigation so she could arrange a witness.

Is any of this actually legislated for? All I can ever find is a recommendation that there is a disciplinary procedure in place. I can never find any mention of all these steps that people say should have been carried out.

pollypocket10

eoin wrote: »

Is any of this actually legislated for? All I can ever find is a recommendation that there is a disciplinary procedure in place. I can never find any mention of all these steps that people say should have been carried out.

It is legislated for under the Unfair Dismissals Act, there isn't really enough information in the post to see if the person has actually been dismissed. However if this is an indefinite suspension then it could certainly be argued that the contract has been terminated.

The employer would have to prove that they followed the dismissals procedure and the decision was made reasonably for the dismissal to be classed as fair.

Eoin

I was referring to quotes like the ones below. It implies that there are specific steps laid down in law which must be followed in cases like this, but I can never find any reference to them. Obviously it makes sense that a company has similar procedures in place, but it might confuse people who think they can get off on a technicality because they weren't followed to the letter.

Also if suspended pending an investigation, she should have received notice of the investigation so she could arrange a witness.

If she received a suspension as a punishment, she should have had an investigation, outcome meeting, disciplinary meeting and a outcome meeting. This last meeting is when the details of the suspension should have been given.

pollypocket10

eoin wrote: »

I was referring to quotes like the ones below. It implies that there are specific steps laid down in law which must be followed in cases like this, but I can never find any reference to them. Obviously it makes sense that a company has similar procedures in place, but it might confuse people who think they can get off on a technicality because they weren't followed to the letter.

You'd be right there Eoin, it is considered best practice to include these things in a disciplinary procedure, but by no means is there a set formula laid down in legislation. However failure to carry out at least some of these steps could leave the employer open.

wmpdd3

Yes sorry I should have added reference, The steps are I mentioned are common place disciplinary steps.

As far as I know they are amendments to the industrial relations act 1990. more info here. Also they are agreed with most retail unions I have worked with.

More info here:

http://www.lrc.ie/viewdoc.asp?docid=88

It's a bit of a synopsis but the actual act in in very legal language:

http://www.irishstatutebook.ie/1990/en/act/pub/0019/index.html

just remembered this it's a bit easier to understand:

http://docs.google.com/viewer?a=v&q=cache:1972LdGVMkYJ:www.employmentrights.ie/en/media/Code%2520of%2520Practice%2520Grieveance%2520and%2520Disciplinary%2520Procedures.pdf+Industrial+Relations+Act,+1990&hl=en&gl=ie&pid=bl&srcid=ADGEEShTTENjVRfAu43PkYG5EpHJ9D7tbvTe6CJPyuKi8TMk5lzQhFG7zoCPvhnJFwWoSroKvivMI3TAX3fyVGs1YvWWzAr9gUcsQ3ihDPFY-CIxn4PkNLB6mAo1CB6rvDB4965Urqvv&sig=AHIEtbQIeeLF8-aK1xGXdkFz86uFBTr9vA