Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.
by Carol-Ann Jordan and Jacqueline Belgrave
Can an employer suspend an employee from work without informing the employee of the parameters of the suspension or in writing?
The ERA states that where an employee is suspended pending an investigation there is no need to write the employee setting out the grounds for action, invite them to a meeting or hold a meeting until the employer contemplates taking disciplinary action against the employee.
However, it is good employment relations practice to ensure that an employee being suspended is notified of the suspension in writing. Even if the suspension is communicated verbally initially, it should be followed up in writing.
Suspension pending investigation An employee may be suspended if an investigation into an alleged matter of misconduct concerning the employee is being investigated and there is concern that either
• the business or other employees would be at risk if that employee remains at work or
• the employee’s presence will obstruct the investigation in some way.
While a period of suspension is not intended to be, it often feels like a punishment to the employee.
It may potentially negatively impact the employee’s reputation and professional standing and may permanently damage your working relationship.
For these reasons, once an employer has considered the situation and determined that a suspension is warranted, the suspension should be for the shortest period of time whilst the investigation takes place, and the employee should be updated as to how long the suspension is likely to last.
The basic letter of suspension should contain:
• the specific allegations that led to the investigation
• an assurance that the matter will be treated confidentially
• the assurance that the suspension is not a punishment
• an assurance that no decisions about guilt or any outcomes have been made at this stage.
• the need for the employee remain available to provide any information or details the Company may reasonably request to assist with the investigation
• confirmation that they are still employed and need to comply with their contract and policies (i.e. not working somewhere else during the suspension) and they will be paid as normal
• identification of a person with whom they can contact during the suspension period, who can keep the employee updated regularly.
Ideally this person is not involved in the investigation at all. Once it is determined that the suspension is no longer required and/or the investigation has been completed and the employee is cleared for return to work, best practice would be to inform the employee of this in writing and meet with the employee to confirm your decision.
Can an employer call an employee at home and invite the employee to a workplace disciplinary hearing? The ERA specifically states that the invitation to a disciplinary hearing must be in writing. Invitation to disciplinary hearing The ERA makes it compulsory for an employer who wishes to commence disciplinary action to communicate this decision, in writing, to the employee.
So even if your employer calls to set the meeting for a disciplinary hearing, this must be followed by a letter:
• inviting the employee, along with their representative, if any, to attend a meeting to discuss the matter; Representative here refers to : a friend or shop steward if a member of a trade union
• outlining the alleged conduct or characteristics of the employee (that is, where the matter is for capability and not misconduct) or other circumstances, which led to the employer contemplating taking disciplinary action against the employee.
I am pregnant with my first child. What am I obligated to share with my employer and when? What should I expect from them?
The Company will try to balance its support for the motherto-be with ensuring minimal disruption in its operations. As an expectant mother, in the last trimester, it is known and understood that an expectant mother may deliver at any time. In Barbados, maternity leave is an entitlement provided for in the Employment of Women (Maternity Leave) Chapter 345A.
Provisions & Eligibility As an eligible expectant and new mother you are entitled to a period of not less than twelve weeks of maternity leave. This leave can be a period of not more than six weeks before the expected date of confinement (delivery) and a period of not less than six weeks from the date of confinement.
To be eligible for maternity leave, an employee must be employed continuously (with the same employer) for at least twelve months. The legislation stipulates that maternity leave shall be arranged as the employee’s desires.
The Employer’s Obligations:
• To grant maternity leave to eligible employees when requested on up to three occasions.
• To identify and train a replacement who can perform the work responsibilities of the expectant mother effectively and efficiently.
• To ensure the expectant mother is clear on the start and end dates of the maternity leave. In determining the end date, the Company counts twelve weeks from the start of maternity leave.
A week is seven calendar days. Calendar days are counted to include Saturdays and Sundays. There is no reimbursement of holidays or special days as is done in counting vacation leave.
The Employee’s Obligation:
• To officially inform your employer of your pregnancy, expected date of confinement and plans for maternity leave.
• To take the company into her confidence as early as possible and as often as necessary to ensure that her transition to maternity leave is a smooth one.
• While confinement dates by their nature can never be accurate, the company may have its own policy in place which outlines when it expects to receive formal notice of the confinement date.
Also take note that:
• Maternity Leave can be granted if an employee is absent due to illness (for a pregnancy related reason) in the six weeks before the expected delivery.
• If the baby arrives early and before maternity leave has commenced, maternity leave commences from the date of birth.
• A mother who loses her child receives the full period of maternity leave, provided a certificate of confinement is presented.
• If an employee has been granted maternity leave and the date of delivery is later than the date stated in the certificate of confinement, maternity leave will be extended to include the period that elapsed between the date stated and the actual date of delivery.
• Pregnant employees must be granted additional leave not exceeding six weeks (as a medical practitioner recommends) due to an illness related to pregnancy.
This is an exciting and anxious time for expectant mothers.While we have outlined the requirements under the Act, it is in your interest to discuss this fully with your team leader or HR Department. This ensures that you are aware of the procedures in force there since procedures may differ from organisation to organisation.
About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges. Partners Carol-ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@ lifelinelabour.com; Tel: 1(246)247-5213
