Get Help for Employee Suspensions from Labour Law Lawyers in Midrand
As an employer, any disciplinary action you take against employees must be for valid reasons and according to the correct procedures. To this end, we recommend seeking advice from our labour law lawyers in Midrand, in order to follow the correct procedures.
One of the issues often causing problems for employers is suspensions of employees. Knowing when to suspend employees and how to do it is imperative to avoid having to deal with the matter at the CCMA. Also, in this regard, we recommend consulting with our labour law lawyers in Midrand to determine what you can do when an employee misbehaves and how to handle the process of disciplining the employee according to the correct procedures.
Employee Suspension with Compensation
This type of suspension is recommended when an employee is investigated for misconduct. Our labour law lawyers in Midrand can assist you with the correct procedure for suspension with compensation. Usually what happens is that the employee is suspended, pending the outcome of the investigation, and is asked to leave the workplace so as to prevent interference with the investigation. It is also done to prevent the employee from intimidating possible witnesses or from tampering with evidence. If you suspend an employee before a disciplinary action, you must pay the employee, as you cannot withhold the wages if you do not yet know whether the allegation of misconduct is true or not, or what type of disciplinary action should be taken.
Correct Procedure
You need to provide the employee with a notice of suspension that states the date from which it is valid and that it is in place pending the outcome of the investigation. We recommend making use of the expertise of our labour law lawyers in Midrand to ensure the correct wording of the notice. You must explain to the employee what the allegations are, such as fraud, assault, or theft. The employee is entitled to a valid reason for the suspension, such as that the employee cannot be present while the investigation is on-going, as the employee’s presence may be intimidating to witnesses or that the employee may interfere with the investigation.
Opportunity to Respond
You must provide the employee with the opportunity to defend why he or she should not be suspended. If you do not give the employee the opportunity, the suspension becomes unfair and the employee can report you to the CCMA or relevant bargaining council for unfair labour practices. Rather seek legal advice from our lawyers in Midrand on the matter, in order to avoid having to reinstate an employee that is guilty of serious misconduct because you have not followed the correct suspension procedures.
Fair Reason for Suspension
Unless it is essential to suspend the employee before the disciplinary hearing and pending outcome of the investigation, it is best not to do so. Our attorneys can help you determine if the suspension is fair and for valid reasons. Keep in mind that suspension is a harsh step, as it affects the employee’s reputation and job security.
The Danger of Suspension Without Pay
Reducing an employee’s pay because of suspected misconduct can be contrary to the Basic Conditions of Employment Act. As such, you may have to defend the action at the CCMA. It might, therefore, be best to follow the safe route of suspension with pay.
Before Suspension
Consider whether there is a valid reason to believe that the employee is guilty of misconduct and how serious the particular type of misconduct is. Also, carefully consider whether the employee is likely to interfere with the investigation or intimidate witnesses. What is the probability that the employee may commit further misconduct if he or she is allowed to stay at work while the investigation is on-going? Only if it is essential and unavoidable to protect the integrity of the investigation should suspension be considered.
Seek legal help from our labour law lawyers in Midrand before you suspend an employee for alleged misconduct. Call us on 011 234 215 for legal assistance.
*This article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information.
