It is quite common for an employee, accused of a serious act of misconduct, to be suspended from duty pending the holding of a Disciplinary Hearing.

However employers should be very careful before suspending such an employee.

Our Labour Court has made clear that such a suspension must have good valid reasons before the court will recognize that it is legitimate.  In addition the principle of Audi Alteram Partem must be observed by the employer.  The Audi Alteram Partem principle means that the accused employee must be able to give his version before a decision is made to suspend.

Simply put the employer must do the following before suspending an employee pending  a Disciplinary Hearing:-

a)         have a good valid reason for wanting to apply the suspension.

b)         clearly inform the employee of this valid good reason.

c)         allow the employee time to consider the reason.

d)         obtain a response from the employee as to why the employee believes he/she     should not be suspended.

In addition after following these steps, the employer still intends suspending the employee, this should be done in such a way that the employee’s dignity is preserved.

To quote from the Labour Court:-

“the prejudice that an employee may suffer in a case of suspension is not limited to financial prejudice in the case where the suspension is without pay.  Suspension with pay also has substantial prejudicial consequences relating to both social and personal standing of the suspended employee.  In my view any suspension with or without pay has to bring into question the integrity and dignity of the suspended person particularly where the suspension is based on allegations of dishonesty.”

“Dince & Others v the Department of Education, North West Province & Others (2010) 31 ILJ 1193 (LC”.