I was suspended and do not know if it is paid or unpaid. What should I check before I refer the matter to the CCMA?

How to use this guide

Do not infer paid or unpaid status from the word “suspension”. Read the notice, contract and workplace rules, then compare the next payslip with the amount that actually entered the bank account. A referral based on an assumed salary loss can misdescribe the dispute before the ordinary pay date has even arrived.

Define each act on a separate line

Create an event table before completing LRA Form 7.11. Use one row for the suspension notice, another for each extension or review, and separate rows for a missed salary date, benefit interruption, deduction or later disciplinary outcome. Add the date of the act, when you learned of it, the person responsible and the document proving it.

This exercise prevents two common errors. First, it stops an employee from using the original suspension date for a complaint that actually concerns a later payroll omission. Second, it shows whether several legal routes may need consideration rather than forcing all facts into one description. The form should communicate the dispute clearly enough for the employer and conciliator to understand it, without attempting to reproduce the entire evidence file in the summary field.

Classify the suspension cautiously

A precautionary suspension normally removes an employee from the workplace while investigation or disciplinary steps continue; it is not itself a guilty finding. A punitive suspension, by contrast, is imposed as a disciplinary consequence. Identify which description appears in the notice and whether the employer’s later conduct is consistent with it.

The Constitutional Court’s decision in Long v South African Breweries concerned a precautionary suspension on full pay and explains why a pre-suspension hearing is not invariably required in that setting. It should not be turned into a universal rule for unpaid exclusions, indefinite measures or every contractual and collective framework. Record whether the employee remained available, obeyed contact instructions and avoided prohibited access, because those facts can affect the fairness enquiry.

Section 186(2)(b) of the Labour Relations Act places unfair suspension and other unfair disciplinary action short of dismissal within the unfair-labour-practice category. The legal assessment may examine purpose, remuneration, duration, prejudice, applicable rules and opportunities to respond or obtain review. Describe those features factually rather than declaring that every precautionary exclusion is automatically unlawful.

Prove the remuneration position

Set out the ordinary gross salary, net salary, allowances, employer contributions and benefits. For each scheduled pay date, record the payslip amount, deductions and bank credit. If the payslip shows payment but the bank account does not, preserve both records and notify payroll in writing. If an allowance stopped because its triggering work stopped, identify that fact separately from basic remuneration.

Read the contract, disciplinary code, collective agreement and suspension letter together. Look for a provision addressing paid precautionary suspension, disciplinary sanctions, deductions, availability and benefit treatment. The Basic Conditions of Employment Act may be relevant to remuneration and deductions, but contractual or collective rights and the precise cause of the shortfall also matter. A labour practitioner may need to assess whether the money issue belongs in an unfair-labour-practice dispute, a statutory payment process, a contractual route or more than one procedure.

Verify the forum before naming the CCMA

Identify the sector in which the employee actually works and search for any bargaining council whose registered scope covers the employer and occupation. Check the employer’s registration documents, payslip references, collective agreement and prior dispute correspondence. A council’s name sounding relevant is not enough; geographic, sectoral and occupational scope can all matter.

If no council has jurisdiction, the CCMA may be the appropriate conciliation forum for an LRA unfair-labour-practice dispute. If the position is uncertain, obtain advice before lodging duplicate or contradictory referrals. Keep the research record because it may assist if a filing is transferred or jurisdiction is challenged.

Calculate from the earliest plausible trigger

Current CCMA unfair-labour-practice guidance generally refers to a 90-day period from the act or omission complained of, or from later awareness of it. Mark the earliest date that could reasonably be used for each listed act. An internal grievance, payroll query or promise of an investigation update should not be assumed to pause the statutory period.

If any possible date is already outside the ordinary period, do not replace it with a convenient later date. Prepare an accurate chronology and obtain condonation advice. The explanation for delay, prospects, prejudice and importance may need to be addressed on the true facts; an inaccurate form creates a more serious credibility problem than a candid lateness enquiry.

Check the respondent, form and service trail

Use the employer’s registered or legally recognised name rather than a trading name copied casually from signage. Record a physical, email or other permitted service address supported by current information. Review the current LRA 7.11 form and CCMA rules at filing time because forms and procedural requirements can change.

Before submission, verify:

• the applicant and respondent details against source documents;
• the chosen dispute description against the event table;
• the date and reason for any alleged unfair act;
• the outcome requested at conciliation;
• the signature or authorised submission requirement;
• service on the employer by an accepted method; and
• the correct filing channel for the forum.

Keep the completed version as a locked copy, with its attachments, service proof and submission acknowledgement. A screenshot showing that a web page was open does not establish what document was filed or when the respondent received it.

Choose a remedy that matches the complaint

State what practical correction is sought. Possibilities may include lifting or reviewing the suspension, restoring remuneration, correcting a deduction, applying a fair process or resolving the dispute by agreement. Do not ask the form to promise urgent reinstatement to the workplace or immediate payment when jurisdiction, evidence and legal basis have not been assessed.

The CCMA rules also regulate legal representation at particular stages. A lawyer can advise on classification, drafting and evidence even if appearance at a later proceeding is restricted or requires a ruling. Confirm representation separately rather than treating the practitioner’s involvement in preparation as automatic authority to appear.

Run a final pre-filing reconciliation

Place the event table, pay schedule, forum check and proposed form side by side. Every date and amount on the form should trace back to a preserved record or an expressly marked recollection. Resolve contradictions before filing, and list unresolved ones for the conciliator rather than concealing them.

If the pay date has not arrived, the council scope is unresolved or the triggering act is unclear, a short legal review may be more valuable than hurried submission. If time is close, tell the adviser every possible date immediately. Accuracy, jurisdiction and proof of delivery are the controls that turn a completed form into a defensible referral record.

Related lawyer-preparation resources

• Labour law information: Review the practice-area overview.
• CCMA process guide: Understand referral and conciliation.
• Unfair-labour-practice glossary: Understand the statutory category.
• CCMA glossary: Understand the dispute-resolution forum.

Important limitation

This is general South African labour-law information, not legal advice or a calculation of any person's deadline. For a suspension where the pay position is unclear, employment status, collective agreements, public-sector rules, protected grounds and the exact event date can change the route. Use current forms and service rules, and obtain condonation advice if any relevant date may already have passed.

FAQs

Related Lexuno paths

Related articles