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EFF members have been suspended from Parliament for 30 days. Here are four things you need to know about this type of suspension

by , 13 November 2014
Economic Freedom Fighters (EFF) leader, Julius Malema, along with top party leaders, have been suspended from Parliament without pay for 30 days, eNCA reports.

This after Parliament's powers and privileges committee found them guilty on all charges relating to heckling President Jacob Zuma in August.

The EFF has labelled the process 'as illegitimate and in violation of principles of natural justice.'

This matter has put sharp focus on punitive suspension.

Here are four things you need to know about this type of suspension so you can use it correctly.

 
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Four things you MUST know about punitive suspension

 
According to the Labour Law for Managers Loose Leaf Service, punitive suspension is when you suspend your employee as a sanction after a disciplinary hearing.
 
The things you need to know about punitive suspension are as follows:
 
#1: This suspension is a disciplinary measure and you can only impose it after an employee has been found guilty.
 
#2: You don't have to pay your employee for the time he's on suspension.
 
#3: You must get your employee to agree to the suspension as an alternative to a more serious penalty such as dismissal. Without your employee's agreement, you can't impose this sanction and you'll have to impose the more severe penalty.
 
#4: There's no fixed period for which you must suspend your employee. It depends on the nature of the offence committed.
 
Just bear in mind that your employee can challenge a punitive suspension if it's for too long.
Unless your disciplinary code states a maximum period, more than two months is likely to be unreasonable.
 
Now that you know these four things, use punitive suspension correctly. And remember, you must have a good reason for suspending your employee (substantive fairness) and you must follow a fair procedure (procedural fairness) to avoid being guilty of unfair labour practices.
 
PS: For more information on suspension, check out the Labour Law for Managers Loose Leaf Service.
 


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