Suspensions in the workplace

How do you deal with suspending an employee?

Often Employers immediately suspend an Employee following an alleged transgression and pending the outcome of a disciplinary hearing. These suspensions are more often than not done as an immediate emotional response which could land the employer in hot water. 

Unfairly suspending an Employee is stipulated in the Labour Relations Act as an Unfair Labour Practice. Specific boxes need to be ticked when it comes to suspending an Employee. The suspension clause should be included on the notification of disciplinary hearing, the period of suspension needs to be on full pay and most importantly, the Employee needs to be notified of their right to contest the suspension. 

Failure to do this could result in the suspension being deemed unfair. Furthermore, there needs to be a sound reason for suspension. Suspending an employee for late coming or unauthorised absence may be more challenging to defend as opposed to suspending an employee for transgressions such as dishonesty, fraud or assault. The Employer is legally obligated to protect their employees, so failing to suspend an employee pending charges and an investigation into sexual harassment for example may open a whole new can of worms. 

The Employer will need to have cause for concern when implementing a suspension, such as intimidation of witnesses, tampering with evidence, transgressing again etc. It is not a decision to take lightly, especially when the aggravating circumstances in the disciplinary hearing will present a break in trust in the employment relationship.

If an Employer will be pushing for a summary dismissal at the hearing, due to a lack of trust and subsequent irreparable employment relationship, but they failed to suspend the employee and allowed the employee to work during the hearing investigation, this too may result in repercussions for the business, sighting contradictory behaviour on behalf of the Employer.

Knowing the correct action to take is key to ensure that you are abiding by the labours, and often decisions to be made can be tricking. That is why you should contact Cape Town Labour Consultants to assist you with human resource matters. 

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