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

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens Attorneys September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.