In the Labour Court matter of Long v SAB, the Court held that where a suspension is precautionary, there is no requirement that an employee be given an opportunity to make representations. Instead, the suspension must be linked to a pending investigation and serve to protect the integrity of that ongoing process. The Court held further that the additional consideration of prejudice can be ameliorated by the suspended employee continuing to be paid his remuneration during the period of his suspension.
On 19 February 2019, the Constitutional Court affirmed the Labour Court’s judgment holding that it had correctly held that an employer is not required to give an employee an opportunity to make representations before a precautionary suspension.
