Evolution Of The Rules Applicable To Administrative Suspensions

BLG suggests new provisions to be included in your individual employment agreements and policies

Following the Supreme Court of Canada's decisions issued on March 6, 2015 in the Potter case and on July 25, 2014 in the Asphalte Desjardins case, it is prudent to consider updating employment agreements and policies to include the following provisions:

1. A provision addressing the employer's right to impose an administrative suspension with pay should be included in individual employment agreements and/or human resources policies.
2. Template letters of administrative suspension, notably pending investigation or the results of a medical evaluation, should be adjusted to include the reasons and the anticipated delays and process. From now on, it will be important to limit as much as possible any appearance of indefinite or unjustified administrative suspension, even with pay.