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0703 - Suspension Pending Investigation

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Contents

Application

  1. These guidelines apply to all employees, except those employed by the NWT Power Corporation.

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Guidelines

  1. The Government may investigate allegations of incompetence or misconduct of an employee.
  2. Under Section 30 of the Public Service Act, the Minister Responsible for the Public Service can suspend an employee pending investigation.  This authority has been delegated to Deputy Heads.  A suspension pending investigation is imposed when an employee is alleged to be guilty of misconduct or incompetence and the Deputy Head considers it desirable to remove the employee in order to investigate the allegations.
  3. Under Section 55 of the Education Act, a Superintendent of Education has the dual authority to suspend a teacher to investigate an allegation of misconduct or incompetence.
  4. Suspension pending investigation is considered when:
    • an employee’s continued attendance in the workplace may hinder the investigation;
    • the employee’s continued attendance presents a risk to the employee or others; or
    • when the alleged actions interfere with the mandate of the Department, Board or Agency or Government, either by damage to reputation or otherwise.
  5. The Deputy Head may suspend an employee with pay for up to 30 days.
  6. The Deputy Head may extend the suspension for an additional 30 days if further investigation is necessary.  The total period of suspension pending investigation may not exceed 60 days.
  7. An employee on suspension pending investigation must be available for interviews throughout the entire suspension period.  The employee is responsible for providing contact information to his/her supervisor and Management and Recruitment Services.
  8. Under the Financial Administration Act, the employing Department, Board or Agency must report suspected theft of Government property or funds to the Comptroller General.  This reporting is required irrespective of a suspension pending investigation or disciplinary procedures.

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Authorities and References

Public Service Act
Section 29, Misconduct or Incompetence
Section 30, Suspension

Education Act
Section 55, Suspension where allegation of misconduct, incompetence

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