(1) Subject to subsections (2) and (3), where an employee is alleged to have committed an act of serious misconduct or gross incompetence, the employer may suspend that employee with pay for a period not exceeding 4 weeks in order to investigate the complaint.
(2) The right of an employer to dismiss an employee summarily for serious misconduct or to dismiss the employee for incompetence or unsatisfactory performance in accordance with this Part is not waived by exercising the option of suspension if the allegation of serious misconduct or incompetence is proved to the satisfaction of the employer.
(3) Where an allegation of serious misconduct sufficient to ground a charge of summary dismissal in accordance with section 133 is proved after an investigation under subsection (1), the employer shall be entitled to claim any amounts of wages paid during the time of suspension referred to in subsection (1).