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Question
Posted by: Suspended | 2009/01/10

Suspended before hearing

Is it legally acceptable to suspend an employee before the disciplinary hearing? I was suspended on account of a private email that my supervisor read while I was on sick leave. The email was in the out box and therefore there was no need to read it anyway. My replacement had been organised before I was even informed about the " offense" . I was suspended for a week before the hearing. I resigned immediatley as this is in my opinion extremely unfair labour practice.

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Our expert says:
Expert ImageLabour lawyer

RE: SUSPENDED BEFORE HEARING

It is certainly legally acceptable to suspend an employee before the disciplinary hearing. Unfortunatly your resignation gives you no recourse other than to state that you were forced to resign and possibly a constructive dismissal case.

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Our users say:
Posted by: Boetie | 2009/01/10

What a pity u resigned. U should rather have stayed there + stood up to them + put your case. I also don.t know if management have the right to " spy"  because in my mind the' re encroaching on your privacy. U have unfortunately waived all your rights by resigining  including the right to apply 4 unemployment benifits. A lot also depends on co. policy  as to wheather specific guidelines exist regarding private e mails etc. Maybee u did not even go against the rules, especially if there were no formal rules in place regarding the matter.

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