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Notice of Suspension

R199

Create a formal suspension notice confirming the employer’s decision to suspend an employee, the reason for the suspension, whether it is precautionary or disciplinary, and the conditions that apply during the suspension period.

A Notice of Suspension is used to formally advise an employee that the employer has decided to suspend them from duty. The document should record whether the suspension is precautionary pending an investigation or disciplinary process, or whether it is imposed as a disciplinary sanction after a hearing. For precautionary suspension, the notice should usually confirm that the suspension is not a finding of guilt and is not intended as punishment. It should also set out the conditions of suspension, including pay status, availability, workplace access, communication restrictions, return of employer property, and expected cooperation with the investigation or hearing.

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South African legal context (2026 checklist)

In South African labour law, suspension may amount to an unfair labour practice if it is unfairly imposed. Precautionary suspension should be linked to a legitimate operational or investigative reason and should not be used routinely, indefinitely, or as disguised punishment. Where the suspension is precautionary and on full pay, the Constitutional Court has confirmed that a pre-suspension hearing is not automatically required in every case. However, employers should still comply with their own disciplinary code, contract, collective agreement, and any applicable public-sector rules. A written notice helps prove that the suspension is precautionary, properly authorised, time-bound or reviewable, and accompanied by clear conditions.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186(2)(b): Unfair labour practice, including unfair suspension or unfair disciplinary action short of dismissal
  • Section 188: Requirement that dismissal must be for a fair reason and in accordance with a fair procedure
  • 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 employer’s full legal name?
What is the employee’s full name, position, department, and employee number?
What is the employee’s full name, position, department, and employee number?
Is the suspension precautionary pending investigation or disciplinary hearing?
Is the suspension precautionary pending investigation or disciplinary hearing?
Is the suspension a disciplinary sanction imposed after a hearing?
Is the suspension a disciplinary sanction imposed after a hearing?
What are the reasons for the suspension?
What are the reasons for the suspension?
What investigation, incident, or disciplinary process is the suspension linked to?
What investigation, incident, or disciplinary process is the suspension linked to?
Did the employee receive a Notice of Intention to Suspend?
Did the employee receive a Notice of Intention to Suspend?
Did the employee make representations before the suspension decision?
Did the employee make representations before the suspension decision?
From what date and time will the suspension begin?
From what date and time will the suspension begin?
Will the employee remain on full pay during the suspension?
Will the employee remain on full pay during the suspension?
What workplace access restrictions will apply during suspension?
What workplace access restrictions will apply during suspension?
May the employee contact colleagues, witnesses, clients, suppliers, or municipal officials during suspension?
May the employee contact colleagues, witnesses, clients, suppliers, or municipal officials during suspension?
Must the employee return keys, equipment, access cards, files, devices, or documents?
Must the employee return keys, equipment, access cards, files, devices, or documents?
Must the employee remain available for interviews, investigations, or disciplinary proceedings?
Must the employee remain available for interviews, investigations, or disciplinary proceedings?
Who is the employer contact person during the suspension?
Who is the employer contact person during the suspension?
What are the consequences of breaching the suspension conditions?
What are the consequences of breaching the suspension conditions?
When will the suspension be reviewed or lifted?
When will the suspension be reviewed or lifted?
Who is authorised to issue the suspension notice?
Who is authorised to issue the suspension notice?

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