Bite Size HR: Suspension Without Pay For Using Your Initiative

Peninsula Team

March 26 2013

Bite Size HRCouncil workers in Cork were suspended, firstly with pay, and then without, for fixing a pothole they believed to pose a risk to road users. As reported in today's Irish Independent, the workers were fixing local potholes when they spotted one, not on their list, that they believed posed a risk and decided to fill it in.

The Council would not comment further on this but stated that it was a Health and Safety issue. Council road maintenance workers must have a pointman to direct traffic when others fill in the road surface. In this case there was no point man present which could have created a risk to other road users.

The case is ongoing and we will await the outcome of the Company's investigation. As an aside we have previously posted on suspension on this blog, and how suspension with pay is a holding measure pending investigations (ordinarily for Gross Misconduct) and how suspension without pay is deemed a disciplinary sanction in its own right. Employers should be aware that it is difficult to justify suspension without pay whilst an investigation is ongoing as there is already a detriment to the employees and a disciplinary sanction imposed prior to any disciplinary hearing or the completion of an investigation.

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