In South African labour law, suspension before a disciplinary hearing is a precautionary measure, not a penalty. Your employer suspends you to keep you away from the workplace while the investigation and hearing process takes place. Punishment can only follow a fair hearing.
Types of suspension
Pre-hearing suspension (with pay): This is the most common form. Your employer suspends you as a precaution while they finalise the investigation and schedule the disciplinary hearing. You continue to receive your salary. This is generally considered fair if there is a valid reason.
Pre-hearing suspension (without pay): This is more controversial. Suspending an employee without pay before a hearing has taken place may be challenged as unfair. The employer needs a very strong reason for this approach.
Suspension as a penalty: After a disciplinary hearing, suspension without pay can be imposed as a sanction. This is different from pre-hearing suspension and is a disciplinary outcome.
Your rights during suspension
Right to fair process
Your employer must follow a fair disciplinary process. You cannot be suspended indefinitely without a hearing being scheduled.
Right to know the reason
Your employer should tell you why you are being suspended. Vague or unexplained suspension may be challenged.
Right to pay (usually)
Pre-hearing suspension should be with pay. If suspended without pay, you may have grounds to challenge this at the CCMA.
Right to a timely hearing
Suspension should not last longer than necessary. Unreasonable delays in scheduling the hearing may support a claim of unfair suspension.
Do I still get paid during suspension?
With pay: If you are suspended with pay, your salary, benefits and continuity of employment continue as normal. You are still employed, just not attending work.
Without pay: If you are suspended without pay, you lose income during the suspension period. This is more common as a penalty after a hearing, not before. If you are suspended without pay before a hearing, you may challenge this at the CCMA as an unfair labour practice.
The specific terms of your employment contract, any applicable collective agreement, and the reason for the suspension all affect whether suspension without pay is lawful.
Read the suspension letter carefully. Note the reason, whether it is with or without pay, and any conditions. If the letter is unclear, ask your employer in writing for clarification. Keep copies of everything.
What to do while suspended
Read the suspension letter. Understand the reason, the terms, and any conditions.
Ask questions in writing. If anything is unclear, ask your employer to explain. Get the answers in writing.
Gather your documents. Collect your employment contract, payslips, correspondence and any relevant workplace policies. You will need these for the hearing.
Do not resign in frustration. Suspension is temporary. Resigning may give up your right to challenge the suspension or the outcome of the hearing.
Start preparing for the hearing. The hearing is coming. Use the time to organise your response and documents.
While suspended, you have time to prepare for the hearing. Employee-side preparation support helps you organise your version, documents and response so you are ready when the hearing date arrives.
Can I challenge the suspension?
You can challenge a suspension that you believe is unfair. The most common challenges are:
Suspension without pay before a hearing — this may be an unfair labour practice challengeable at the CCMA.
Unreasonably long suspension — if the employer delays the hearing for an unreasonably long time.
Suspension as punishment — if the suspension is imposed as a penalty without a hearing.
To challenge a suspension, you would typically refer the matter to the CCMA as an unfair labour practice dispute. The time limits for referral apply.
After the hearing
Once the disciplinary hearing takes place and a decision is made, the suspension ends. If the outcome is dismissal, the 30-day CCMA referral period begins from the date of dismissal. If the outcome is suspension as a penalty, the terms of that suspension apply.