Fin24 reports that the Constitutional Court (ConCourt) ruled on Tuesday that an employer was not required to give an employee an opportunity to make representations before a precautionary suspension.  

The court affirmed a Labour Court ruling that, where a suspension was precautionary and with full pay, there was no obligation that workers be given a chance to exonerate themselves of any wrongdoing.  SA Breweries (SAB) district manager Alan Long took his case to the ConCourt after the Labour Court ruled that his suspension and subsequent dismissal at the SAB were fair.  In May 2013, an unroadworthy trailer owned by SAB was involved in a fatal accident.  It had been Long's duty to ensure that all vehicles were roadworthy and had valid licence discs, but the trailer involved in the accident had been in a state of disrepair and unlicensed.  After further investigations and a disciplinary hearing, Long had been found guilty of dereliction of duties, gross negligence and bringing the company’s name into disrepute.  He was dismissed in October 2013.  It was Long’s argument that his dismissal constituted an unfair labour practice because he had not been given a hearing before his suspension.  But, the ConCourt affirmed the Labour Court's ruling, saying it was "correct in holding that Long's dismissal had been fair and that he should not be reinstated".

• Read the original of Pelane Phakgadi’s report on this ruling in full at Fin24

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