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To non-governmental employees this means a double protection should a suspension be deemed unfair.
The right to be fairly suspended has a substantive and procedural component to it, namely:

Substantive Fairness:

  • The Employer must have justifiable reasons to believe the employee has committed serious misconduct AND

  • There is an objective justifiable reason to deny employees access to the workplace either based on the integrity of the investigation into hat misconduct or some other relevant factor that would place the investigation or the interest of another party in jeopardy AND

  • The Employee must be given an opportunity to state a case before the employer makes a decision to suspend (this does not mean one must hold a formal hearing in order to suspend).


  • Procedural fairness:
  • The above must be a discussion minuted accordingly and signed by both parties or the requisite witness.


  • Remember that the employee is not only limited to his/her rights in the LRA it has common law rights and other applicable legislations at his/her discretion.


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