Do Suspended Employees Have a Right to Lodge a Grievance?

[Ivan Israelstam]

Scenario: The employee was suspended with pay for alleged dishonesty. He then submitted solid proof that he had not been dishonest. After a further two months he had heard nothing from the employer, and lodged an internal grievance against the protracted, invalid and fruitless suspension. The employer refused to deal with the grievance and pointed him to its policy, signed by him, prohibiting the lodging of a grievance by an employee who has been subjected to a disciplinary process, in this case being the suspension. Was the employer legally correct to reject the grievance lodged?

[Patrick Deale]

Yes the employer was correct. The correct way for the employee to complain about the unfair suspension would be to refer an unfair labour practice dispute to the CCMA or bargaining council in terms of s186(2)9b) of the LRA.

[Ingrid Lewin]

The employer was wrong because the existence of a suspension does not prevent the lodging of a grievance.

[Michael Bagraim]

A suspended employee is still an employee and is able to lodge a grievance. There is nothing standing in their way. You cannot just reject the grievance lodged for that reason alone.

[Author]

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