A legal update in regards to Employment Law: On 19 February 2019 the Constitutional Court handed down an interesting judgment in Long v SAB and Others wherein the issue of unfair labour practices and suspensions was discussed and examined.
In a unanimous decision the Constitutional court held that that an Employer is not required to give an employee an opportunity to make representations before a precautionary suspension is implemented. The judgment affirmed a Labour Court judgment and other legal precedents / views that where a suspension is precautionary, and on full pay, there is no duty or obligation on an Employer to allow an Employee the opportunity to try prove their innocence, prior to further action or disciplinary process taking place.
Download a copy of the judgment below:
Constitutional Court Judgment _ 19 February 2019
