Page 75 - Q&A 2019/2020

This principle was the subject of a recent Constitutional Court decision in Long
vs South African Breweries (Pty) Ltd where the Constitutional Court confirmed
a Labour Court decision that where a suspension is precautionary, there is no
requirement that an employee be given an opportunity to make representations.
The Court however also added that it was still necessary that the suspension be
linked to a pending investigation and the suspension was necessary to protect
the integrity of the investigation and the employee is fully compensated whilst
on suspension.
In your situation it does sound like there are potentially grounds for a precautionary
suspension of the manager without the opportunity to make representations
and subject to the pending investigation and on full remuneration. However, it
would be prudent to engage the help of a labour specialist to ensure that you
undertake the suspension on its merits and with the necessary advice.

Labour

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