When can an employee be suspended

In Zimbabwe the law allows the employer to suspend an employee. 

It is a common law right and has been covered in many decided cases. 

However, the right to suspend an employee may be regulated where there is a Code of Conduct and the employer is required by law to follow suspension procedures set out in the Code of Conduct. 

An employee may be suspended pending a disciplinary hearing. 

This is where the employer has investigated and established there is possible misconduct on the part of the employee which warrants removal from the workplace until the day of the hearing. 

In most cases, where the alleged offender is likely to interfere with witnesses, it is advisable that he be suspended so that witnesses are not put under undue pressure. 

There are also cases where the alleged offender may tamper with evidence and in such cases suspension is advisable.

There have been cases where the alleged offender has retaliated against the complainant physically or through threats and creating a hostile environment by rallying other employees against the alleged offender.

Where there is a risk of that happening, the alleged offender should be removed from the workplace. 

There are cases of threatened violence and sexual harassment; these are automatic suspension cases as the employer cannot afford the risk of having the alleged offender repeating the alleged misconduct putting the employer in a position where he will be vicariously responsible. 

There are, however, many minor cases that do not warrant suspension, for example, an employee who is charged with absenteeism for a day should not be suspended for three days pending disciplinary action, and this will be absurd. 

There are also cases where it is obvious that dismissal is unlikely. In such cases, suspension may sour relations into the future.

Employers should always remember that where employees are suspended for offences that are of a criminal nature, chances of the employee absconding are high and it can complicate the disciplinary process.

When an employee is suspended, the employer must be clear on what law is the suspension founded and clearly cite the section of the Code of Conduct that empowers him to suspend the employee and give reasons for suspension.

In addition, the suspension must clearly state whether it is with or without loss of pay and benefits and it must state how long the suspension is going to be and from when the suspension takes effect. 

The suspension must also clearly state other rights and limits of the employee during suspension e.g. the right to visit the workplace and how to access information at work while on suspension.

In conclusion, employees must be lawfully suspended and employers must avoid mixing suspension with paid leave to allow for investigations as the two are very different.

-Davies Ndumiso Sibanda can be contacted on: Email: [email protected]