NSW How Long is Company Allowed to Suspend Me?

[johnny smiths]

Hi,

On Wednesday night, around 21:45, I received an email from my direct manager advising me that I need to return my company vehicle the following morning and to read an attached letter from the company HR. In this letter, it detailed that I am to be suspended/ stood down until a prompt further investigation was to take place on the grounds of inappropriate conduct in the workplace and conflict of interest due to a anonymous complaint.

Without speculating too much, I have a fair idea what the inappropriate conduct relates to and that would be possibly the firmly performance managing one of my employees with another employee bearing witness to this, but the conflicts of interest has me stumped?

My question would be, how long are they allowed to suspend me to gather the facts and are they allowed to stand me down with such vague information as this is affecting my mental wellbeing?

Also am I entitled to go on workers compensation for this as I believe I am clinically depressed and am I allowed to request more information in regards to this matter?

 

[Rod]

As a rule, if you are not in the public service, the suspension should be with pay. Are they continuing to pay you?

You can request more information, they don't have to provide any.

When they call you in to discuss the results have a union rep or level headed independent person with you at the meeting as a witness.

am I entitled to go on workers compensation for this as I believe I am clinically depressed

Only if diagnosed by a doctor AND he says you are unit for work AND he believes it was caused by work.

 

[johnny smiths]

Yes, they are apparently paying me, though I am a manager and received the pay run today and they have not paid me for Thursday-Friday last week.

Do you know more about conflict of interests as in my opinion would mean I am doing my own work or working for one of the contractors which I am not? And am I entitled to workers compensation for the anxiety I am feeling which I think is making me severely depressed I shave never had any of these symptoms before in my life?

Also, any idea how long they are allowed to take to follow up there investigation? How long they are allowed to keep me in limbo ?

 

[Rod]

And am I entitled to workers compensation for the anxiety

No. Anxiety is not recognised medical condition entitling you to compensation.

also any idea how long they are allowed to take to follow up there investigation?
how long they are allowed to keep me in limbo ?

As long as it takes. Needs to be proportional to the alleged offence (eg cannot suspend you for 2 weeks for taking a pencil from work, may be able to suspend you for > 6 months if they are investigating the loss of $1M). You should ask them how long it is expected to take.

Without knowing the circumstances I cannot comment on a conflict of interest. They need to be careful as they can open themselves up to a defamation claim if they untruths about you.

 

[johnny smiths]

I don't know the circumstances of the claim myself. Surely they have to by law provide me with more information.

Inappropriate behaviour I can maybe understand as I admittedly did fly off the handle a bit at a underperforming staff member preaching god constantly to me but in regards to the conflict of interest, can anyone give me examples of this - does that mean stealing, hich I will make extremely clear I have never done in my life?

Also, am I allowed to find other employment and resign if this drags on too long as it will put some strain on my family as I won't be able to achieve the pay I was receiving due to loss of overtime which I heavily rely on?

And stealing is regarded as embezzlement, not conflict of interest right? If I had a family member who worked at one of our suppliers, would that be classed as conflict of interest ?

 

[Rod]

have to by law provide me with more information

No. Some managers can't manage and play games, others have a genuine concern you may destroy evidence or interfere with witnesses.

Stealing is theft. A family member working at a supplier should not be a conflict of interest, especially if you advise your employer this is the situation.

 

[johnny smiths]

Also, am I allowed to find other employment and resign if this drags on too long as it will put some strain on my family as I won't be able to achieve the pay I was receiving due to loss of overtime which I heavily rely on?

 

[Rod]

You can resign at any time as long as you give the required notice. You should attempt to negotiate a good reference as well as be paid for the two missing days.

Also bear in mind that a suspension that is taking an unreasonable amount of time may be considered to be a 'dismissal' and may entitle you to an unfair dismissal claim. Have they told you yet how long the suspension is going to last?

 

[johnny smiths]

No, I have not been notified of any timeframe regarding the suspension or how long the investigation will be conducted.

What would a unreasonable timeframe be?

 

[Rod]

What would a unreasonable timeframe be?

To notify you of the duration, I'd give them to COB tomorrow which is one week. I'd put in a written request tonight saying you want to know the expected duration of suspension by COB 1 Mar 2017, which is one week after your suspension on 22 Feb 2017. Put the dates into your request so you start log of what happened and when. May be important later.