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CANADIAN EMPLOYMENT LAW TODAY
Don't fear 'administrative' leave
When used properly, administrative leave can be an important tool
for employers when dealing with problem employees
illustrate this point, consider the
recent case of Potter v. New Brunswick
REQUIRING an employee to take an Legal Aid Services Commission.
"administrative" leave
David Potter was the
can place an employer in
executive director of the
DISCRIMINATION
a dicey situation. On the
New Brunswick Legal
one hand, an administraAid Services Commistive leave may be necession. The commission
sary where the alternative — allowing had significant performance issues
the employee to remain in the work- with Potter, which became more seriplace — would be disruptive or even ous when harassment complaints were
risky for the business. On the other
Company negotiated
hand, an administrative leave of indeffor a voluntary departure
inite duration can expose an employer
to the potential for a constructive disin exchange for a severance
missal claim.
package while it prepared
The truth is, a properly planned
to conduct an investigation
administrative leave can be an invaluinto harassment complaints.
able tool for an employer. It can provide precious time to conduct a
workplace investigation or complete laid against him. Ultimately, the comongoing negotiations while the mission decided to terminate Potter's
employee is out of the workplace. To employment, which lead to negotia-
| BY TOM GORSKY AND LEAH SIMON |
tions aimed at securing his voluntary
departure in exchange for a severance
package.
At the same time negotiations were
taking place, the commission began
preparations to conduct a formal investigation into the harassment complaints against Potter. However, prior
to the investigation beginning, Potter
went on a disability leave. During his
leave, negotiations continued on the
terms of his departure in the hope an
agreement would be reached prior to
Potter's return.
Unfortunately, negotiations did not
conclude as quickly as hoped, and
shortly before Potter's scheduled
return to work, the commission
directed him to remain at home, with
full pay and benefits, until further
notice — he was placed on administra-
Continued on page 9
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rubinthomlinson.com
Published by Canadian HR Reporter, a Thomson Reuters business 2013
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