Suspended from Work? Your Rights Step-by-Step (2025 Guide)

"Please leave the premises immediately."

Hearing these words is a shock. One minute you're doing your job; the next, you're being escorted out by security or told not to return until further notice.

Suspension is one of the most stressful experiences an employee can face. You feel like a criminal before you've even been charged. But here is the most important thing you need to know right now:

Suspension is NOT a punishment (yet). It is a waiting period. In South African labour law, you remain an employee with full rights—and most importantly, full pay—unless very specific conditions apply.

This guide explains exactly what is happening, what your boss is allowed to do, and how to fight back if they break the rules.

The Two Types of Suspension

Labour law distinguishes between two very different types of suspension. Knowing which one you are under is critical.

1. Precautionary Suspension (The "Waiting" Suspension)

This happens before a disciplinary hearing. The employer suspects you of serious misconduct (e.g., specific theft, fraud, or harassment) and wants you out of the workplace while they investigate.

The Golden Rules for Precautionary Suspension:

It MUST be with full pay. If they stop your salary without a hearing, it is illegal.
There must be a valid reason. Usually, they must fear that you will interfere with the investigation, intimidate witnesses, or damage company property if you stay.
It must be for a reasonable time. They cannot keep you suspended for months without charging you.

2. Punitive Suspension (The "Punishment" Suspension)

This happens after a disciplinary hearing where you have been found guilty. Instead of firing you, the company decides to suspend you without pay for a short period (e.g., one week) as a sanction.

Note: You must usually agree to this as an alternative to dismissal.

Can My Boss Just Send Me Home? (Procedural Fairness)

No. Even for a precautionary suspension, your employer cannot just shout "Get out!"

According to recent Labour Court judgments, your employer must follow a fair process before suspending you:

Written Notice: They must inform you that they intend to suspend you.
Reasons: They must explain why (e.g., "We fear you will delete evidence").
Opportunity to Respond: They must give you a chance to say why you should NOT be suspended. This doesn't have to be a full hearing—a simple written representation or short meeting in 24 hours is often enough.

If they skipped these steps, the suspension might be an "Unfair Labour Practice."

"Am I Getting Paid?" (The Big Question)

YES.

Unless you are on a "punitive suspension" (after a guilty verdict), misconduct suspensions MUST be fully paid.

Does your contract say "suspension is unpaid"? It doesn't matter. Labour law overrides private contracts. If they withhold your salary while investigating you, they are effectively fining you before finding you guilty. This is illegal.

What to Do While You Are Suspended

Do not treat this as a holiday. This is a strategic waiting period.

1. Check Your Access

Ensure you have copies of your payslips, employment contract, and any policies. If you are locked out of your email, note the date and time.

2. Wait for the Charge Sheet

Your employer has a duty to investigate quickly. If you are suspended for 3 months with no news, the suspension becomes unfair.

Action: After 30 days, send an email asking for an update on the investigation.

3. Prepare for the Hearing

You will eventually be called to a Disciplinary Inquiry. You will receive a "Notice to Attend a Disciplinary Inquiry" outlining the charges. Start gathering your notes and thinking about your defence now.

When to Go to the CCMA

You can refer a dispute to the CCMA (Commission for Conciliation, Mediation and Arbitration) for an Unfair Labour Practice related to suspension in these cases:

Unpaid Suspension: They stopped your salary before the hearing.
Unreasonably Long: You've been sitting at home for months with no charge sheet.
No Reason: There is no genuine reason to keep you away (e.g., you work in a different building to the witnesses).
Humiliation: You were marched out by police without cause, causing reputational damage.

Time Limit: You have 90 days from the date of the unfair act (the suspension) to refer the case to the CCMA.

checklist: What to Do TODAY

If you were suspended this morning, here is your checklist:

[ ] Don't Resign. If you resign, you lose your right to challenge fairness later.
[ ] Demand Written Reasons. If they sent you home verbally, send a WhatsApp or email: "Please confirm in writing that I have been suspended and the reasons why."
[ ] Check Your Bank Account. Ensure your salary comes in on payday.
[ ] Stay Available. You are still employed. If they call you for a meeting at 09:00, you must answer. Do not go on holiday without permission.

Need a Labour Lawyer?

Fighting a big company alone is intimidating. If you've been suspended unfairly, or if you're facing a disciplinary hearing that could cost you your job, get an expert in your corner.

LekkerLaw connects you with participating labour lawyers who can intervene before it's too late.

→ Find a Labour Lawyer