Suspensions in the workplace: Employment lawyer with 640 Toronto

Interview Summary

A Toronto police officer found staging vehicle theft and defrauding insurance companies received a suspension with pay from a Superior Court judge. While the officer was a unionized employee and in a position which would garner a more severe sentence, what are non-unionized employees owed in a suspension? Can employees be suspended without pay?

Mackenzie Irwin, an Ontario employment lawyer and Senior Associate at Samfiru Tumarkin LLP joined Alex Pierson on 640 Toronto to discuss suspensions and employee rights.

Interview Notes

• Disciplinary action for employees charged with a crime: Irwin explained that there is a distinction between union and non-unionized employees and their rights during a suspension. “Non-unionized employees, if charged with a crime, can be placed on a suspension by their employer. Most employees question whether or not they can be placed on an unpaid suspension. This will be determined by what they agreed upon in their employment contract.”
• Retaining your position: “An employer can let you go at any time as long as it’s not a human rights violation or a violation of the ESA. Employers who terminate employees need to provide proper severance,” said Irwin. “Whether or not an employee is returned to that position after the suspension is ultimately up to the employer.”
• Consequences for public-facing jobs: Irwin explained that for the office in this particular situation, the collective agreement will determine his employer’s options. “Generally speaking, however, if your employer has lost confidence in your ability to do your job effectively based on the allegations, they can terminate employment. It will come down to whether or not an employer will still owe the employee severance, and they likely will.”

Related Resources

For further insights and discussions related to disciplinary action and terminations, explore the following resources:

• Suspensions in Ontario
• Fired for social media behaviour