Suspension with pay during investigation

Can a suspension during investigation be considered disciplinary if the investigation finds the employee guilty?
By Colin Gibson
|Canadian Employment Law Today|Last Updated: 08/26/2009

Question: We recently suspended one of our unionized employees with pay, pending investigation of suspected misconduct. We have determined our suspicions were accurate, so we are about to fire the employee for just cause. Can we deem the employee’s suspension to be disciplinary without pay, and seek to recover the wages we paid to him during the suspension?