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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2015
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I am a business rep Union in British Columbia. An employee

Customer Question

I am a business rep for a Union in British Columbia. An employee was sent home from work after 3 hours pending an investigation for Insubordination. The investigation was inconclusive. No suspension or further discipline was issued. The employee went back to work the next day. My question is , does the employee have the right to be paid for the full days wage for the day the investigation took place?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening. You will really have to refer to the collective agreement to determine whether such a situation is addressed and if their are any specific contractual rights which would apply. However, I can advise that if the employee is full time, on a set schedule and was at work, fit for duty and then was requested to go home pending a disciplinary investigation which was inconclusive, the employee would be entitled to be paid for his scheduled shift.

The only thing that would affect this is a contrary term in the collective agreement which would permit such action and suspension without pay.

I look forward to hearing back from you.

Jim

Expert:  Copperlaw replied 1 year ago.

I apologize, but I missed the additional information that indicates that you already checked the collective agreement.

Likewise, if there is nothing in the CA that permits the employer to suspend without pay, then this is a grievable issue.

Jim

Expert:  Copperlaw replied 1 year ago.

Please let me know if you require anything further or if you are satisfied with the information you have received. I am happy to continue chatting if you require anything else at all.

Jim

Expert:  Copperlaw replied 1 year ago.

Good Evening,

Please let me know if you require anything further or if we can close the question so it no longer shows as open in either of our question lists.

Also, please take a moment to leave me a positive rating as this assists me in building my reputation here on the site.

Jim

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