22 August Ask an expert: Suspending an employee without pay August 22, 2018 By Reef Admin General 0 What if an employee has failed to complete their CPD or renew their Certificate of Registration? Can you suspend them without pay? REEF Workplace Relations Director Michele O'Neill explains. Question We have a full-time property management employee who has failed to complete her CPD and renew her Certificate of Registration. Can we suspend her without pay on the basis that she’s unable to perform her duties because of failure to comply with statutory requirements? Answer There’s no general common law right permitting an employer to suspend an employee without pay. However, having established the loss of certification, you can’t allow the employee to perform their usual work as it may breach statutory requirements. Further, it may impact your insurance arrangements. If you’re confronted with such a circumstance, the options available to the agency will largely depend on the period the employee will be unable to perform their usual paid duties. These options might include: Arranging with the employee to take any accrued annual leave to cover the period where the employee is not permitted to work due to the expiration of the certificate. Where possible, consulting with the employee about performing other duties for which the certificate is not needed (e.g. clerical or administrative duties). This requires the agreement of the employee. As a last resort (and only after discussing the matter with REEF), the employee’s employment may be able to be terminated due to ‘frustration’ caused by the inability of the employee to carry out the inherent requirements of the position. Related Real Estate Industry Award: Out with the old, in with the new After a long battle, the Fair Work Commission has now finalised the four-year award review and the new Real Estate Industry Award will commence on 2 April 2018. Here's what you need to know before the changes kick in. Buying an agency? You need to understand employee entitlements The sale of a real estate agency is something most business owners will face at some point. Here are some things to be aware of when it comes to employee entitlements. Employee deductions: What's allowed, what's not To deduct or not to deduct? When it comes to deductions from an employee's pay, what's allowed and what's not? What amounts can an employer take out before it hits an employee's hand? Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Social media mishaps: Regulating an employee's posts More and more, industrial tribunals are being called upon to consider the nexus between social media posts and an employee's work where the employee has been terminated by the employer. Probation completed: Can an employee claim unfair dismissal? Members are often confused about whether an employee is eligible to claim unfair dismissal if they are terminated following the completion of the agreed probation period. Comments are closed.