Buhle* works as a call centre agent. He’s supposed to be at work by 6am, but he was running late for work on Sunday because of his transport. His boss told them that if they were going to be late, they must be at work by 7am latest. But when he got there, he told him to go home, he is going to replace him and then the next day he told him to report to work and gave him a warning to sign along with a suspension letter for 20 days without pay. Is this fair?

When it comes to suspension from work, it’s important to know your rights, so you can determine when it’s unjust and when it might be a case of unfair labour practice.

There are two types of suspension: punitive suspension and precautionary suspension. A precautionary suspension is given when an employer wants to conduct an internal investigation of an issue and anticipates disciplinary action against an employee. Basically the employer wants to make sure that the employee doesn’t interfere with the investigation while it’s ongoing and by doing this, damage their business. With this type of suspension, you will still get your salary/wages and benefits while you’re suspended from work.

A punitive suspension, on the other hand, is a form of direct punishment for an employee who has been found guilty of misconduct. It’s one step away from a complete dismissal from the company, and is very serious. In this case, the suspended employee does not receive a salary or benefits while away from work.

In Buhle’s case though, it doesn’t sound as though the employer followed the proper procedure – you can’t just suspend an employee without following the correct disciplinary processes. If this is true, and Buhle’s employer just suspended him, then he could have a case of unfair labour practice. He can refer the matter to the relevant forum (CCMA or Bargaining Council) within 90 days.

Tips:

• There are two types of suspension – one with pay and one without.
• If you suspect an unfair suspension, you can refer the matter to the relevant forum (CCMA or Bargaining Council) as an unfair labour practice dispute within 90 days of the incident happening.

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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.