The paid suspension of an employee lasting more than a decade is “extraordinarily rare” but can indicate the seriousness of alleged wrongdoing, according to people working in employment law.
The Irish Times reported on Monday that two Health Service Executive employees have been suspended with pay or have been on administrative leave for 11 years.
Generally, in employment, suspensions are a precautionary measure during a workplace investigation into alleged misconduct. They can last for months if not years in some rare circumstances. However, one breaching two years is considered unusual, so how could a suspension last 11 years?
Although employers are now encouraged to avoid suspensions where possible due to the potential reputational damage suffered by the off-work employee, they are sometimes necessary, particularly where safety concerns are at play, according to Alan Eustace, an assistant professor of private law at Trinity College Dublin.
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Allegations at the more serious end of the scale may require a “more robust procedure” that can result in lengthy suspensions, he said.
Dr Eustace, who has a particular interest in employment law, said suspensions of employees subject to allegations of misconduct can often be necessary if their presence is deemed to be “potentially dangerous”.
“In general, it’s quite rare to find people on very lengthy suspensions, unless there’s been an extremely serious allegation made against them, and the investigation into that case is...
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