An employer is required to follow an incredibly specific and detailed procedure, according to the Labour Relations Act, when suspending an employee. This procedure is more often than not, not adhered to by the employer, resulting in the suspension of the employee being unfair and resulting in an unfair labour practice.
Such an unfair labour practice can be referred to the CCMA for conciliation and arbitration (again, if necessary) and SDF Attorneys can assist the employee with such a referral. An unfair and unwarranted suspension can also irreparably damage the reputation and integrity of the employee, which could give rise to further claims against the employer, depending on the specific circumstances of the case. SDF Attorneys will assess the facts of the case to determine what the employee’s best way forward is and will strategise together with the client to secure the most favourable outcome possible.