Do Suspended Employees Have a Right to Lodge a Grievance?

Home Forums Labour Law Debate Do Suspended Employees Have a Right to Lodge a Grievance?

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  • #13370
    Ivan Israelstam
    Spectator

    Scenario: The employee was suspended with pay for alleged dishonesty. He then submitted solid proof that he had not been dishonest. After a further two months he had heard nothing from the employer, and lodged an internal grievance against the protracted, invalid and fruitless suspension. The employer refused to deal with the grievance and pointed him to its policy, signed by him, prohibiting the lodging of a grievance by an employee who has been subjected to a disciplinary process, in this case being the suspension. Was the employer legally correct to reject the grievance lodged?

    #13378
    Patrick Deale
    Keymaster

    Yes the employer was correct. The correct way for the employee to complain about the unfair suspension would be to refer an unfair labour practice dispute to the CCMA or bargaining council in terms of s186(2)9b) of the LRA.

    #13389
    Ingrid Lewin
    Keymaster

    The employer was wrong because the existence of a suspension does not prevent the lodging of a grievance.

    #13390
    Michael Bagraim
    Keymaster

    A suspended employee is still an employee and is able to lodge a grievance. There is nothing standing in their way. You cannot just reject the grievance lodged for that reason alone.

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