Suspension following investigation

Reasonable timeline for employer action following employee misconduct
By Brian Johnston
|Canadian Employment Law Today|Last Updated: 10/15/2014

Question: What is a reasonable time to implement discipline for employee misconduct following the completion of an investigation? Should an employee always be suspended pending investigation or can the employee work during the investigation?

Answer: A proper and complete investigation should provide recommendations for implementing discipline including a timeline for implementation of such discipline. While there are no common law rules or jurisprudence denoting what is a reasonable time limit, employers should be aware that failing to discipline following investigation can lead to an argument that the employer has condoned the employee’s behaviour.