South Africa
Notice of Intention to Suspend
R199
Prepare a formal notice informing an employee that the employer is considering precautionary suspension, setting out the reasons, inviting representations, and recording the employee’s rights before a final suspension decision is made.
A Notice of Intention to Suspend is used where an employer is considering placing an employee on precautionary suspension pending an investigation or disciplinary process. The notice records that suspension is being considered, explains the reasons, and gives the employee an opportunity to make representations before the employer makes a final decision. It is particularly useful where the employer’s disciplinary code, policy, contract, collective agreement, or public-sector framework requires a show-cause or representation process before suspension.
South African legal context (2026 checklist)
Precautionary suspension should not be used as punishment. It should be linked to a legitimate workplace purpose, such as protecting an investigation, preventing interference with witnesses or evidence, protecting employees or property, or avoiding further operational risk. In South African law, there is no automatic requirement in every case to hold a pre-suspension hearing before imposing a precautionary suspension on full pay. However, a notice of intention to suspend remains a sound risk-management document, especially where workplace policy, contract, collective agreement, public-sector rules, or fairness considerations require the employee to be invited to give reasons why suspension should not be imposed.
- Labour Relations Act 66 of 1995
- Section 185: Right not to be unfairly dismissed
- Section 186(2)(b): Unfair labour practice, including unfair suspension or unfair disciplinary action short of dismissal
- Section 188: Requirement of a fair reason and fair procedure for dismissal
- Section 191: Referral of unfair dismissal and unfair labour practice disputes
- Section 203: Codes of Good Practice
- Code of Good Practice: Dismissal, 2025
- Long v South African Breweries (Pty) Ltd and Others [2019] ZACC 7
- Member of the Executive Council for Education, North West Provincial Government v Gradwell [2012] ZALAC 8
- Mogotlhe v Premier of the North West Province and Another [2009] ZALC 1
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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What is the employer’s full legal name?
What is the employee’s full name, position, department, and employee number?
What misconduct or workplace incident is being investigated?
Why is the employer considering suspension?
Is the suspension intended to be precautionary and not punitive?
Will the employee remain on full pay during the suspension?
Is there a concern that the employee may interfere with witnesses, evidence, systems, records, or the investigation?
Is there a concern about workplace safety, intimidation, reputational harm, or further misconduct?
What period is the employee given to make written or verbal representations?
To whom must the employee submit representations?
What is the deadline for the employee’s response?
Will the employee be allowed to contact witnesses or access workplace information during this stage?
Are there any proposed conditions if suspension is imposed?
Will the employee be required to remain available for the investigation or disciplinary process?
Who is authorised to issue the notice on behalf of the employer?
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