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In a disciplinary hearing an employee has the right to be heard before being judged. But does an employee have the right to be heard before being suspended pending the outcome of the hearing? Against the background of conflicting case law, the Constitutional Court has finally brought about some clarity on pre-suspension hearings. When there are allegations of serious misconduct against an employee, it makes matters much easier to suspend the employee so that the matter can be properly investigated. This is referred to as a ‘precautionary suspension’. The suspension would be on full pay until such time as the disciplinary hearing has been concluded. →