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[L232] SUSPENSION FROM WORK: FAIR AND LEGAL PROCEDURE| SOUTH AFRICA



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The purpose of suspension is to create the space and time for an employer to investigate whether an employee might have committed a suspected act of misconduct.

The suspension is commonly referred to as a “precautionary suspension” pending the outcome of the investigation and a disciplinary enquiry that may follow. The suspended employee remains on full pay and benefits so does not suffer financially.

What is ‘Unfair Suspension’?
Section 186 (2) (b) of the Labour Relations Act simply defines an “unfair suspension” as an unfair labour practice.
At least three things present for a suspension to be fair:-

 The employer must have a justifiable reason to believe that the employee has engaged in serious misconduct;
 There must be an objective reason to deny the employee access to the workplace based on protecting the integrity of the pending investigation or the interests of affected parties; and
 The employee must be given an opportunity to state a case before the employer takes a final decision to suspend.


In this video, Aslam talks about suspension in this workplace with regards to the rights of employees.


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