Q&As
Where an executive director鈥檚 employment has been suspended due to gross misconduct, do they still have the authority to obtain information from the company when they are not required to carry out their duties? Can they also be prevented from attending future board meetings or accessing board minutes that do not relate to their position in the company?
From an employment law perspective, suspension may arise in two contexts:
- 鈥�
some disciplinary procedures provide for suspension, without pay, as a disciplinary penalty
- 鈥�
much more commonly, procedures may provide for the suspension of the employee on full pay for the purpose of investigating allegations of Misconduct, or while such allegations are investigated
Before using suspension as a disciplinary penalty, the employer should check the employment contract or relevant disciplinary procedure to ensure that it provides for this; if an employer takes disciplinary action, whether or not under a contractual procedure, only the penalties provided for by the contract may be imposed, consistently with the contract, and then only to the extent that the penalties are provided for under the contract (see
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