HomeHome SearchSearch MenuMenu Our productsOur products

Follow these four guidelines when you suspend your employee for misconduct or you could land up at the CCMA for an unfair labour practice

by , 25 February 2015
If your employee commits misconduct and you suspend him before the disciplinary hearing, you must follow a fair procedure.

If you don't, he could take you to the CCMA for an unfair labour practice. But paying costly legal fees isn't the only consequence you'll suffer. If you lose, you'll have to pay your employee up to 12 months' salary in compensation.

To avoid unfair labour practice claims, follow these four guidelines when you suspend your employee.


*********** Advertisement ************
 
Worried about making mistakes when chairing a disciplinary hearing?
 
Chairing a disciplinary hearing isn't easy...
 
There are dozens of things you need to keep in mind to ensure you give each employee a fair hearing.
 
But we've made it easy for you...
 
Discover how to chair a legally compliant hearing in just five steps...

 
 ***********************************

 
Here's how to make sure your employee's suspension doesn't become the reason you land up at the CCMA for an unfair labour practice

 
The type of suspension that takes place before your investigation and disciplinary hearing is known as preventative or precautionary suspension. You use this type of suspension if you fear your employee may interfere with your investigation.
 
The Labour Law for Managers Loose Leaf Service recommends you follow these guidelines when you suspend your employees before the disciplinary enquiry:
 
Guideline #1: Have a good reason to suspend your employee
 
If you suspend him without good grounds, he can take you to the CCMA or Labour Court for an unfair labour practice.
 
What's more, the Labour Court sees preventative suspension as the same as an arrest. The court believes the suspension affects your employee's reputation and status.
 
So always make sure you have a valid reason to suspend your employee.
 
Guideline #2: Pay your employee
 
If you suspend your employee before the disciplinary enquiry, you must pay him in full.
If you don't, you're punishing him before you prove he's guilty. This is illegal.
 
Guideline #3: Notify your employee of his suspension
 
Give your employee a letter telling him you're suspending him. Explain this will be pending the results of an investigation. Also tell him you'll have a disciplinary hearing in future if you need to. In addition, tell him he'll get a notice to attend a disciplinary enquiry if you decide to hold one.
 
Guideline #4: Notify your employee of his disciplinary hearing
 
If, after your investigation, you have enough evidence for a disciplinary enquiry, give your employee the notice to attend. In the notice, explain the full charges against him, the details of the enquiry and his rights at the enquiry. (Check out this article to discover the eight items a 'notice to attend a disciplinary hearing' must contain so your discipline and dismissal process won't be procedurally unfair.)
 
Something as simple as suspending your employee could be the reason you land up at the CCMA for an unfair labour practice. And end up paying your employee up to 12 months' salary in compensation. Now that you have these guidelines, follow them to make sure suspension is always fair.
 
PS: To find out about the type of suspension you can use after a disciplinary hearing and its guidelines, check out the Labour Law for Managers Loose Leaf Service.


Related articles




Related articles



Related Products



Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>