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This sample letter is relevant to a situation where an employer has decided to suspend an employee pending an investigation. Before taking this action, the employer will need to determine if it has an express right to suspend an employee in the employee’s contract of employment, an enterprise agreement or a workplace policy. If no express right exists, there may be an implied right if the employer has a legitimate reason to do so (e.g. where there is a risk of harm to the workplace if the employee is not suspended). In most cases, an employer is required to pay an employee during the period of suspension. Further information can be found in the Suspension due to an investigation article.
This sample letter does not contain the term ‘suspension’ and has instead used the phrase ‘the employee is required to not attend work’. This wording had been used so that the employee does not assume that a decision has already been made in relation to the issue or incident.
Guidance notes and instructions are shown italicised.
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