Is the suspension before a disciplinary hearing paid?
Yes, if you are suspending an employee before a disciplinary hearing, the suspension is with pay.
“But they stole from the business” or “But they assaulted someone”
I completely understand the frustration that comes with suspending an employee with pay before a disciplinary hearing, however, the purpose of a disciplinary hearing is to allow an employee a fair opportunity to state their case and present their side.
It would be unfair to assume, even with very strong face value evidence, that an employee is guilty before the disciplinary hearing. It is for this reason that the suspension is paid.
Why does it matter how an employee is suspended?
‘Unfair labour practice’ means any unfair act or omission that arises between an employer and an employee involving –
(c) the unfair suspension of an employee or any other unfair disciplinary action short of a dismissal in respect of an employee
Extract from the Labour Relations Act Section 186(2)
It matters for two reasons. Firstly, it is a legislative requirement to fairly suspend an employee and an unfair suspension is classified as an unfair labour practice. The second reason is that how employees are treated matters, even if that employee is exiting the business. Other employees and people witness the treatment and this influences their perception of the employer/management. This perception if tainted can lead to costly counterproductive behaviours that could be avoided.
My recommendations when it comes to suspending an employee before a disciplinary inquiry:
- Only suspend an employee is you really believe it is necessary or truly believe that allowing them to continue to work would be a potential risk to the business or other people.
- You do not have to suspend an employee before all hearings for dismissible offences.
- Give an employee an opportunity to state why they should not be suspended before suspending them. Seriously consider the reasons provided by the employee.
- Speak to the employee in a calm and respectful manner (how a person is treated matters)
- Clearly explain the reason for the suspension and remind the employee that they will be given a fair opportunity to state their case at the disciplinary inquiry.
- Issue the suspension letter with a notice to attend a disciplinary inquiry when ever possible.
- Try to limit the number of days the employee is suspended as far as possible and with consideration to still ensuring they have sufficient time to prepare for the disciplinary inquiry.
- Lastly – Download my precautionary suspension template for a small fee to ensure that you have the correct paper work in place when suspending an employee.
For more Employment Relations information follow me on other social media platforms:
LinkedIn (Employment Relations)
Information about the documents for sale:
The sale of the documents goes towards hosting this website and the Youtube video editor. Having an editor allows me to put out free information while still offering consulting services. Please consider purchasing a template if you believe it will be useful.
The documents are drafted with the South African Employment Relationship and Legislation in mind. They are priced in dollars to facilitate the document being available immediately after payment has been made. Payment is made through a secure Paypal portal and this portal accepts South African bank accounts/cards. Once payment has gone through, the document will be available for download. If you would prefer another payment method, please email admin@employmentrelations.co.za.
Information about my services
I wish to provide affordable or free employment relations information to equip employers and employees to handle most situations on their own, but I also believe having a strong foundation of documentation in place is helpful and it is also necessary in some situations to sound board with a professional or have a professional facilitate the procedure.
If you would like me to draft specific employment relations documentation or would like an online consultation (including chairing hearings and facilitation of other employment relations procedures) you can contact me via email: admin@employmentrelations.co.za
Employment Relations Practitioner & Director of Fourie Employment Relations Pty Ltd