Organisations often resort to suspending employees when they have engaged in some form of serious misconduct. However, it is important to ensure that as an employer you are not suspending an employee unnecessarily. Suspending for minor allegations of misconduct might end in employers being referred to the CCMA for unfair suspension. Unfair suspension falls under the heading of an unfair labour practice.
The suspension of an employee can be justified when the employer believes that the employee may interfere/intimidate witnesses or tamper with evidence. It is important that when issuing a notice of suspension it is provided in writing and clearly sets out the reason for the suspension. Additionally, if possible, the employer should detail the date, time and venue of the disciplinary hearing. This can be provided in conjunction with a notification of the hearing (charge sheet).
Unfair suspension could very well lead to your procedure being unfair.
If you require any more information, please feel free to contact us!
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