Suspended from Work: Rules & Your Rights
Being suspended from work means an employer stops you from performing your duties for a set period, usually while a serious issue is investigated. Whether you are paid depends on your contract, award or enterprise agreement, and suspension should be a fair, documented step, not a punishment and not a finding of guilt.
- Suspension can be paid or unpaid, and the right to suspend without pay comes from your contract, award or agreement, not from the Fair Work Act alone.
- It is often used during an investigation into serious misconduct or a safety risk, and it should be as short as the situation needs.
- You still have the right to a fair process, a chance to respond and a support person at meetings.
- If you are later dismissed, an unfair dismissal application must be lodged within 21 days.
How being suspended from work works
- The employer tells you in writing that you are suspended, the reason in general terms, whether pay continues and who your contact person is.
- Check your contract, award or agreement first, because it decides whether suspension is allowed and whether it is with or without pay.
- Employers should consider alternatives, such as changed duties, a different site or supervised work, before choosing full suspension.
- The investigation should move quickly, with a clear timeline, so the suspension does not drag on without a reason.
- You should be able to respond to the allegations before any final decision, and bring a support person to meetings.
- Records of the decision, the reasons and each conversation should be kept, since time and wage records must be held for 7 years.
Examples of being suspended from work
- A labourer is stood down on full pay while a site safety incident is investigated, and the host supervisor gives a written statement.
- A warehouse employee is suspended on pay after a complaint of harassment, so the investigation can proceed without contact between the two people.
- A cleaner accused of theft is suspended while the employer reviews records, with a meeting arranged to hear the cleaner's side.
- An office manager is suspended without pay under a clause in the enterprise agreement, and the employer must still follow the agreement's steps.
- A worker is directed to stay home while a licence or clearance issue is resolved, and the employer checks if redeployment is possible.
Key rules and numbers for a suspension
| Item | What applies |
|---|---|
| Source of the right | Contract, award or enterprise agreement. Check your documents and seek advice. |
| Unfair dismissal deadline | Lodge with the Fair Work Commission within 21 days of the dismissal taking effect. |
| Minimum employment period | 6 months, or 12 months for a small business employer with fewer than 15 employees. |
| Notice of termination | 1 to 4 weeks depending on service, plus 1 extra week for some employees over 45. Not needed for serious misconduct. |
| Records | Time and wage records kept for 7 years, with payslips within 1 working day of payday. |
Related terms
- Workplace misconduct: behaviour that breaches workplace rules or the law. See workplace misconduct.
- Workplace investigation: a fair inquiry into an allegation. See workplace investigations.
- Disciplinary meeting: a meeting to raise a concern and hear a response. See disciplinary meetings.
- Written warning: a formal record of a performance or conduct concern. See written warnings.
Common questions when you are suspended
Can I be suspended from work without pay?
Only if your contract, award or enterprise agreement allows it. Many suspensions during an investigation are on full pay. If you are unsure, ask for the clause in writing, then contact the Fair Work Ombudsman on 13 13 94 or an employment lawyer before you respond.
Is being suspended from work the same as being fired?
No. Suspension is a temporary step while a matter is looked into, and your employment continues. It can lead to a warning, a return to work or, in serious cases, dismissal. If you are dismissed, you have 21 days to lodge an unfair dismissal application.
What should I do if I am suspended?
Read the letter, keep copies of every message and ask for the reason and expected length in writing. Follow any lawful direction, such as staying away from the site, and prepare your response. You can bring a support person to meetings and seek advice from a union or lawyer.
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. For more, read our guide to workplace misconduct, or register with TQN Personnel for work.