Posted by: Teacher | 2009-04-12

Suspend with no pay

Please advise the law and procedures regarding porn at work.
I own a nursery school and discovered my princiapl was having sex at school in the storeroom, downloading porn and sitting on the internet all day having degrading and disgusting sexual conversations with men and woman.
I suspended without pay for 2 months to investgate further. SHe was also running me down to parents and disclosing confidentail information.
She went to ccma and they are trying to get me to reinstate her and back pay her.
Please advise

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Our expert says:
Expert ImageLabour lawyer


It is illegal to suspend with no pay. You must suspend and have a disciplinary hearing as soon as possible. It is suggested that you obtain the services of a Labour Lawyer to represent you at the CCMA.

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Our users say:
Posted by: boo | 2009-04-15

Unfortunately, suspending someone without pay, BEFORE a disciplinary hearing, equals unfair labour practice. You can suspend with pay (with good reason) pending investigation and / or a hearing. The CCMA can order you to re-instate and back-pay, because your actions, however justified you felt they were at the time, amounted to unfair labour practice as you prejudged her as guilty before investigation. You always have to give people the benefit of the doubt in these cases. You could try appeal, but it would be a waste of your time.

Reply to boo

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