An employee suspended due to a serious allegation of misconduct must receive their full pay unless they are not willing or able to attend work (for example because they are ill) or there is a clear contractual right for an employer to suspend without pay or benefits. This will be outlined in the employment contract.
What is unfair suspension?
What is ‘Unfair Suspension’? Section 186 (2) (b) of the Labour Relations Act simply defines an “unfair suspension” as an unfair labour practice . The Labour Court usually rules that these cases must be dealt with by the CCMA – not the Labour Court.
Does suspension always lead to dismissal?
Although a suspension is not formal disciplinary action in itself, it does often lead to disciplinary proceedings based on gross misconduct . ... There is no test required of whether it was necessary for you to be suspended or not, so you can’t argue that your employers could investigate without the need to suspend.
How long can a job suspend you for?
FOREVER. An employer has no legal duty to tell you that you are fired. It can suspend you indefinitely and leave you on suspension for years if it wishes.
What are your rights if you have been suspended from work?
Employment rights when suspended
You keep your employment rights while suspended. If you do not get the right pay you may be able to make a claim to an employment tribunal for ‘ unlawful deduction from wages ‘.
Is being suspended from work Serious?
While the suspension is a severe step to take, it is often important to investigate a certain matter brought to the attention of the employer. This occurs when the functions between company and worker cease for a short time, but the employee still retains employment.
Can I sue my employer for wrongful suspension?
Yes, you can sue your employer if they wrongfully fired you . But you need to know if your employer actually broke the law, and you need to determine how strong your case is. All too often, people want to sue for being fired when the company had a legitimate reason to fire them.
What is the correct procedure for suspension?
Currently, South African labour laws do not prescribe a minimum or maximum period for suspension from work; it must simply be fair and reasonable . Often, companies will have guidelines about suspension in their disciplinary action policies. The disciplinary procedures must be completed in the shortest time possible.
What should you do in case of unfair dismissal?
If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures . If this does not work, then you may be able to make an appeal to an Industrial Tribunal.
Can I be suspended without warning?
In short, yes . When conducting a disciplinary procedure following an incident of alleged gross misconduct, the first action you can take is to suspend the employee without a warning. It’s to allow a proper investigation into the incident.
Can I resign while on suspension?
Can I resign before or during a disciplinary process? Yes, you can . In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.
How does gross misconduct affect future employment?
Entails an employee perpetrating a severe or unacceptable action . These acts are often highly unethical, immoral, and grave. This behaviour will severely harm any trust and destabilise the working relationship between employer and employee. It will often injure the integrity or status of the workplace.
How long should an investigation at work take?
Some investigations might take longer depending on the case and how many people need to give information. For example, a simple case might only take a day to gather enough information, whereas a more complicated case could take several weeks .
Do I get paid if I am suspended from work?
An employee suspended due to a serious allegation of misconduct must receive their full pay unless they are not willing or able to attend work (for example because they are ill) or there is a clear contractual right for an employer to suspend without pay or benefits. This will be outlined in the employment contract.
What happens after an investigation meeting at work?
After an investigation, the employer might find there’s no evidence to carry on with the disciplinary or grievance procedure . In this case, they should end the procedure and tell the employee in question there’ll be no further action.
Can a job suspend you without pay?
Here’s the rule regarding suspensions and non-exempt employees: An employer in California has the legal right to suspend a non-exempt employee without pay for a disciplinary reason or pending an investigation of an employee’s alleged misconduct .
