# suspension from work - pending an internal inquiry



## oscarholly (3 Nov 2006)

Hello,
my sister has been suspeded from her workplace pending an internal enquery

she atteded an internal enquery 

second part of the enquery she collapsed and was transferred to a Hospital 
 ICU dept

She has discovered that the company has now put her on sick pay

Does a suspension superseed sick pay? 

Should she be put back on suspension whither she is sick or not?


----------



## ClubMan (3 Nov 2006)

*Re: suspension from work*

Once they don't impinge on statutory employment rights I would assume that the terms & conditions of one's contract and the rules of the company's disciplinary procedures dictate how this stuff works.


----------



## pat127 (3 Nov 2006)

*Re: suspension from work*

Sorry about your sister hollyoscar. Where an enquiry like this is initiated a company is expected to deal with the matter promptly, which they they cannot do while your sister is sick. She cannot attend a meeting for example. Consequently they may have put the enquiry on hold and placed her on sick pay. This is only a guess you understand. 

I'd suggest a couple of things:- find out as best you are able to what the company expects in terms of sick notes etc so that there's no danger that their procedure isn't followed and secondly, the Dept of Enterprise, Trade & Employment, has a good helpline. It'd do no harm to discuss this with them on 
Telephone: +353 1 631 2121
LoCall: 1890 220 222


----------



## oscarholly (3 Nov 2006)

*Re: suspension from work*

Thanks for the prompt  reply clubman & pat127


----------



## shipibo (7 Nov 2006)

*Re: suspension from work*

Oscar,

     As your sister still has to face Inquiry when she returns, I suggest you get legal representation before meeting, and request a witness of your choice to attend.


----------



## greenfield (7 Nov 2006)

*Re: suspension from work*

I have to disagree with crumdub12, hiring a lawyer is expensive and in my experience many ordinary solicitors are not very well versed in this area - a specialist employment lawyer is even more expensive- unions are a lot cheaper and do this kind of work every day.   You do not have to disclose to your employer that you are taking advise from a union if you do not want them to know that you have joined.


----------



## shipibo (7 Nov 2006)

*Re: suspension from work*

Problem is : What Union is going to take on someone in the middle of disiplinary proceedings ?????


You can use free legal aid , http://www.flac.ie

Or consult with a lawyer on this issue before making a decision to proceed.

Anyway, ask can you have a representative ( can be another employee ) attend the meeting.


----------



## ajapale (7 Nov 2006)

*Re: suspension from work*



crumdub12 said:


> Problem is : What Union is going to take on someone in the middle of disiplinary proceedings ?????



Ive come across several cases where the union was called in very late in the day.



crumdub12 said:


> You can use free legal aid , http://www.flac.ie


Do Flac do this type of work?


----------



## pat127 (8 Nov 2006)

*Re: suspension from work*

If you mean will FLAC attend meetings or otherwise represent you, the answer is no, unfortunately. There's is an advice/information service only. Are you thinking of Civil Legal Aid? See www.legalaidboard.ie


----------



## col (8 Nov 2006)

*Re: suspension from work*

Dont get a union involved if she is not already a member. Unions have a different agenda and could actually make things a lot worse for your sister. A company might take a harder view of the incident if  if suddendly a union is being treatened on them. Best to take a friend or a family member to the hearing. No matter what the outcome the employee has the right to appeal and at this stage you may need some better legal advise. Citizens information can be helpful.


----------



## greenfield (8 Nov 2006)

*Re: suspension from work*

Crumdub12, I have seen many, many times people joining unions when they are notified of disciplinary hearings.   If unions didn;t accept people in those circumstances, they would be missing out on a lot of recruitment.

As I said Col, you do not have to tell your employer that you are taking 
advice from a union.   Bring a friend or family member by all means, but you do need to talk to somebody who understands the law.   My concern with talking to someone like citizens advise is that the information they provide is based on a superficial knowledge of employment law and little awareness of how the Employment Appeals Tribunal deal with unfair dismissals cases.


----------



## shipibo (27 Nov 2006)

*Re: suspension from work*

Greenfield,

As Union Rep , my own opinion is at this stage it is not the best idea, many people join Unions , get help, then leave again, she may not get the best representation. 

Whatever position is used, outside help is required.


Oscar,

         Can you give an update ???


----------



## mmclo (27 Nov 2006)

*Re: suspension from work*

Bringing in a lawyer at this stage is escalting things, of course at a later date seek advice etc. Emploers should conduct such an inquiry in an understandable and fair fashion, if they don't the EAT will find against them in the long term


----------

