Suspending white-collar employees

An in-depth look at a recent case that shows why courts frown upon suspensions without pay. In this case the judge also commented on why it may never be practical to suspend a senior employee
|Canadian Employment Law Today

Absent express language in the employment contract, employers don’t automatically have the right to suspend employees without pay. Doing so could lead to a successful claim for constructive dismissal by the employee.

“Historically, the common law has tended towards the view that in the absence of an express or implied term in the contract of employment, it is generally not open to an employer to suspend without pay as a means of disciplining an employee for misconduct,” said Justice Randall Echlin in

Carscallen v. FRI Corp.