Over the past 10 years, employers in the private sector where
thrust into conducting a precautionary suspension hearing to avoid
a claim of an unfair labour practice (public sector employers
already played in that arena). So, an employer was required to
afford an employee an opportunity to make representations prior to
a suspension. This is no longer the position, at least as a general
proposition.
In mid-February 2019 the Constitutional Court in Long v
South African Breweries (Pty) Ltd and Others held that where
the suspension of an employee is precautionary and not punitive,
there is no requirement that the employee be afforded an
opportunity to make representations to avoid a suspension.
