Anecdotal Review
OSC 2019 Unpaid Admin Suspension Not Allowed This issue was considered in a 2019 decision of the Ontario court. The employer placed the plaintiff on leave pending an investigation…
Summary of Suspension Issues
The synthesis of these cases then is as follows. To succeed on the argument of the administrative suspension as an implied term, it must be shown that: The Employer is…
Disciplinary Suspension
Disciplinary Suspension Carscallen 2005 The plaintiff in this case was suspended due to the content of an email exchange with her immediate superior. She was not told whether the suspension…
Admin Suspension as a Contract Term
Contractual Foundation It is likely that a policy manual or similar document which proposes to allow the employer a right of suspension which differs from the common law will need…
Admin Suspension – Modern Cases
The three modern decisions, in chronological order, have further considered this issue. They are that of the Supreme Court of Canada in Cabiakman, the Ontario Superior Court in Carscallen and…
Administrative Suspension – Early Decision
An early decision, early as in 1996, the Prince Edward Island Supreme Court considered the right of the employer to effect a paid administrative leave. The court refused to find…
The Suspension Cases – Introduction
The immediate issue of the implied right to suspend is one required to satisfy the first test of the Potter analysis, namely, what are the direct and implied terms of…