ConCourt Ruling

ConCourt Ruling

Human Resources

An Employee is not entitled to make representations prior to a suspension.

On 19 February 2019, the Concourt ruled in Long v South African Breweries that it is not a requirement for an employer to allow an employee to make representations prior to a suspension where the suspension is precautionary and not punitive. In reaching this conclusion, the ConCourt considered the fairness of the suspension and whether the employee is prejudiced in doing so.