I heard about some one suspended without pay for 12 months
this seems worse than just being fired and getting on with your life.
does anyone know if there are legal rules around this and the length of time someone can be suspended without pay?
???
Just hand in your notice/leave and "get on with your life"
Honestly like 🤣
as for your question OP, I believe the only law in this case is that the matter is dealt with as soon as possible within reason.
Meaning if there’s something causing an unavoidable delay it’s grand but HR can’t just not bother for a period without just cause.
they might have some recourse through WRC if it’s been found to just be held up for the sake of it.
I understand that aspect of delays to the investigation etc. but in this case the matter has been dealt (through internal process etc.) with and the ultimate sanction applied was a suspension for 12 months without pay
I am just wondering how that stands up that someone could technically be denied a wage for 12 months. How do they live etc.
Is it not a constructive dismissal or a way around not firing someone but really them having no choice but to quit?
sure they could. I just had an interest in the legalities here
Why do they need to quit? Just go and work somewhere else for 12 months.
(I'm pretty sceptical that this is a real situation, BTW. )
well that is another question that arose.
if suspended, are they free to take up other employment?
Who cares if it’s real or not? The discussion surrounding the question is not going to change one way or the other if it is real or not.
That would likely depend on their contract.
I don’t know if you can be restricted from taking a second job (as long as it doesn’t conflict with the hours you’re normally rostered) but it’s best to refer to contract.
for example, my current job states that if you wish to take up secondary employment you are free to do so, however you must be available primarily for them first and foremost.
Even if the contract said that other employment is mot allowed- what is the first employer gonna do, fire them?
How would the first employer even know?
I would probably be more concerned in the particular case outlined above that breaching the contract terms may impact any recourse with the WRC I had.
Honestly 12 months suspended as part of a disciplinary process is unacceptable especially without pay.
Yes you can just hand in notice/take another job but why should you? The fact is you ARE employed and your employer has a duty to fair and reasonable treatment.
Grand if you’re in a job you couldn’t give a shite about but if you enjoy your job and what you’re doing then it’s reasonable to expect you’re given fair treatment and not dragged along for no reason.
Also that looks great for a prospective employer, oh yeah, I’m looking to leave cos they’ve had me suspended without pay for a year! Feckers am I right!
It’s just not so straightforward tbh.
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