Reply To: THE USE OF PRECAUTIONARY SUSPENSIONS IN JEOPARDY

[Anna Peal]

I agree with the Court that precautionary suspensions must have a valid and rational basis. Were this principle to be ignored employers would be able to abuse such suspensions in order to victimise employees. However, prescribing that the employer must also have a code of conduct in order to legitimise precautionary suspensions is, with respect, arbitrary and irrational. There is no obligation on employers to have disciplinary codes, and employers are simply entitled to show that errant employees knew the rules that that broke or should have known them. I therefore believe, with respect, that the Court erred in this case.