Are employees on suspension entitled to pay?

What happens if the suspended employee intentionally stalls proceedings?

Employers are often surprised and somewhat disappointed to hear that employees must be paid while on suspension, pending a disciplinary hearing. Ultimately, the employee remains innocent until proven guilty and must be paid while on suspension, until such time that the workplace investigations or disciplinary hearing is finalised and an outcome is given.

Failure to pay an employee during suspension can land an employer in hot water at the Commission for Conciliation Mediation and Arbitration (CCMA), as an unfair labour practice will have occurred.

However, in cases where employees intentionally and unreasonably delay proceedings an employer may convert the suspension into an unpaid suspension. It would be prejudicial to the employer if the employee tries to stall the case while sitting at home receiving his or her wages/salary.

Simply put, although employees who are suspended are normally entitled to their full wages/salary pending the finalisation of disciplinary action, to have this principle applicable in situations where the suspension is extended at the request of the employee would be unfair to the employer.

In the case of Msipho and Plasma Cut (2005) 26 ILJ 2276 (BCA) it was held that it would be unfair to hold an employer responsible for an employee’s actions. Doing so would only encourage employees to cause all sorts of reasons to delay the proceedings as it would always be at the employer’s cost, while the employee would continue to receive his / her salary or wages without being required to work.

Follow the link or visit our website to see Mouton Law’s online DIY Misconduct Labour Law course which assists employers and employees to understand their rights and how to conduct their cases during workplace disciplinary hearings and CCMA / Bargaining Council cases. https://moutonlaw.co.za/online-course

Should you require any further information or legal assistance, contact Mouton Law on 076 279 6680 or albert@moutonlaw.co.za or visit https://moutonlaw.co.za/