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Suspension against inquiry
Human Resources » Industrial Law & Discipline


Chrm Message From: pundri Total Posts: 5 Join Date: 12/01/2016
Rank: Beginner Post Date: 16/12/2018 06:16:28 Points: 25 Location: India

Hi colleagues,

If an employee is suspended for two months due to a pending enquiry against him, wherein there are more team members involved and also face suspension, but were not suspended.

In this case, the suspended employee after two months was asked to rejoin where company mentions that there are no allegation as if not proved but the enquiry is still on.

What about the defamation and damage caused for the past two months to the suspended employee?

Pundri

Chrm Message From: srini Total Posts: 144 Join Date: 12/01/2016  
Rank: Leader Post Date: 16/12/2018 06:19:25 Points: 720 Location: India

FIrst of all,

1. Suspension pending enquiry and revocation of suspension while enquiry is in progress are common occurrences. If the company feels there is a case against the employee, it can keep the enquiry going on although it has revoked suspension.

Secondly,

Suspension is not a punishment, the employer-employee relationship continues with the employee during the period of suspension and it is only that the employer has decided not to take work from the concerned employee.

Management has right to choose whom to suspend. The suspension of an employee cannot be challenged in courts of law on the ground that other involved persons have not been suspended.

So suspension is a discretionary right of the management. Suspending an employee or taking disciplinary action against an employee does not amount to defamation, civil or criminal as per law.

Hope this answers your question. 

 
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