Unfair suspension

neetz108

neetz108

Senior Member
Joined
May 22, 2006
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Location
Midrand - Noordwyk
A friend of mine recently got suspended (with pay) for some lousy allegations of alleged misconduct. What concerns me is that there was no prior intention or hearing. Apparently she gets called up, accused, asked for her side of the story and thereafter gets escorted. All in 15 minutes or so.

This all came as a shock to me and can't begin to imagine the trauma she might be experiencing at that point. There is a pending investigation and almost 10 days had passed with no sign of any disciplinary hearing from them. She is currently a wreck!

All sounds like very fishy work processes or just a ploy to get rid of her. I have no real advice other than to approach a Labour lawyer and ccma.

Anybody care to share some advice?
 
Is your friend a magistrate by any chance?

In all seriousness though. CCMA straight up. If she has not done so yet. Tell her to get hold of and keep any and all past, present and future communications from her company regarding this matter. You need paperwork and evidence.
 
What written communication did she receive? Did the employer provide her with written notice of suspension (with full pay) pending the outcome of an investigation?

If yes, then she must enjoy her time off until the investigation has been completed as the employer has followed the correct process.

If not, get to CCMA.
 
She was handed 2 letters, notice to suspend, and a precautionary suspension letter all at once. She must stay away and not interfere or be in contact with any staff members.

Strangely the notice to suspend states that she should provide reasons as to why she should not be suspended but obviously that did not take place nor was she offered an opportunity to provide her evidence as proof?
 
Haldex said:
Whats the severity of the infringement, did she take R10 or R10 000. - Example.
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Nothing of that sort. Her new boss seems to dislike her and looking for extremely minor faults to get rid of her. Her work is always up to date and on time.

This type of thing can't be good for your reputation and fulfillment? How do you work for that place again?
 
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neetz108 said:
Nothing of that sort. Her new boss seems to dislike her and looking for extremely minor faults to get rid of her.
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You cannot be suspended for "minor faults", normally this is used for serious offences such as theft, gross insubordination, fraud etc.
 
neetz108 said:
Nothing of that sort. Her new boss seems to dislike her and looking for extremely minor faults to get rid of her. Her work is always up to date and on time.

This type of thing can't be good for your reputation and fulfillment? How do you work for that place again?
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Transfer or move.
Log a grievance with HR, victimisation etc
It might only lead to the manager going on a "training course"
Should the outcome not be to her liking and she is adamant she is innocent and did not violate any of the company rules.
She should cut her losses and resign.
 
We had an incident of a similar nature a few years back. A very senior very popular manager here got rid of someone she did not like. That person then went to the CCMA and it came out just how wrong the dismissal/suspension was and the manager was asked to resign (which she did) and the other person got her job back. Was so good to see as the manager women was drunk on power and a real cow to people lower down the ladder than her. Anyways, I'd fight it if its that obvious.
 
Cius said:
We had an incident of a similar nature a few years back. A very senior very popular manager here got rid of someone she did not like. That person then went to the CCMA and it came out just how wrong the dismissal/suspension was and the manager was asked to resign (which she did) and the other person got her job back. Was so good to see as the manager women was drunk on power and a real cow to people lower down the ladder than her. Anyways, I'd fight it if its that obvious.
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Was the senior manager popular with management? Because she was obviously disliked by staff in the lower ranks.

It is not that easy to get rid of someone you dislike, even if it is because the person is incompetent. I once worked with a case where the woman was incompetence personified. She battled to meet deadlines and was caught out on telling lies numerous times.
Some of her workload was redistributed to other staff and she was given all the easier cases. She got 2 warnings, each for a period of 6 months and the manager had to spend hours training and retraining her. She would do fine during that 6 months (with the manager holding her hand) and as soon as the warning expired, she would be back on the incompetence track, showing up late for work or simply not meeting deadlines. Last I heard, she was still happily employed in the same position.
 
rubytox said:
Was the senior manager popular with management? Because she was obviously disliked by staff in the lower ranks.
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Very. She was very harsh on deadlines and produced results but was roundly hated by anyone else who had to deal with her. After the CCM debacle a lot of other stories of inappropriate behaviour came to light and the seniors had no choice bet to boot her. She knew they had mountains of evidence against her so she handed in her resignation rather than go through the indignancy of being fired.
 
Can't imagine the amount of politics that goes on in a HR dept. Reading OPs post makes me feel sorry for anyone who is.
 
fonoi said:
You cannot be suspended for "minor faults", normally this is used for serious offences such as theft, gross insubordination, fraud etc.
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You can get suspended with full pay for anything unless the company policies and procedures say otherwise. We suspend all staff with immediate effect on full pay for any transgression regardless of what it is. CCMA has never found us to be wrong.
 
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