UNDERSTANDING SUSPENDED DISMISSAL AS A SANCTION

Ever received a recommendation for suspended dismissal valid for 12 months or 24 months and not sure what this means? Does the employee not work for that period, does the employee not receive a salary for that period—or what? Here is what you need to know:

• The employee continues to work as per their employment contract.
• The employee continues to receive a salary and any other benefits as per their employment contract.
• The employee may not commit the same offence during the period that the suspended dismissal is valid for.
• If the employee commits the same offence during the period of suspended dismissal, the employer should automatically schedule a disciplinary hearing.

How Is This Different From a Final Written Warning?

You might ask, what’s the point if another hearing is still needed? Here's the difference between a suspended dismissal and a final written warning:

• A disciplinary hearing is still required to ensure the employer follows a fair procedure before dismissal. Remember, the burden of proof at the CCMA lies with the employer.
• The hearing ensures that the employee doesn’t have a valid reason for repeating the offence. A valid reason would only be situations beyond the employee’s control.

During the disciplinary hearing, it must be brought to the chairperson’s attention that a suspended dismissal is already in place. This allows the chairperson to proceed with a recommendation of dismissal, regardless of any mitigating factors, as long as the repeated offence wasn’t due to uncontrollable circumstances.

The Value of Suspended Dismissal

The benefit of a suspended dismissal is that the employer offers the employee a second chance to correct their behaviour. It reflects leniency—especially if the employee is otherwise a hard worker—but also sets a clear boundary that misconduct won’t be tolerated in the future.

Suspended dismissal is the most serious sanction short of outright dismissal. It balances both the employer’s and employee’s interests.

Please ensure you fully understand this concept and explain it clearly to the employee when applying this sanction.

We hope this information has been useful and helps you understand what a suspended dismissal is.