NSW Employment Law - Entitled to Penalty Rates During Suspension Period?

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G0rg

Member
12 December 2016
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Hi,

I have been suspended from work pending an investigation into allegations against my conduct by a former disgruntled employee. I am full time and suspended on full pay but usually incur penalty rates from my shifts worked.

Am I entitled under employment law to my originally rostered penalty rates during my suspended period?
 

Rod

Lawyer
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27 May 2014
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Depends on your employment contract/award/EBA.

Have they paid you yet or you just second guessing what they'll do?

I'd be telling them what I want while on suspension (eg shift rates) and see if they agree. You may not have an issue if they agree to pay you your standard shift rates. Ask them.