Question NW1487 to the Minister of Finance

Reply:

I have been informed by South African Airways (SAA) that:

The employee was put on a precautionary suspension, based on serious allegations of misconduct levelled against her, which remain a subject of a current pending internal investigation. Full reasons for the suspension of the employee are clearly set out in the correspondence exchanged between SAA and the employee’s duly appointed legal representatives. There is no specific statute or legislative framework that regulates the suspension and/or provides grounds for the suspension of this employee. The requirements for a valid precautionary suspension are fully enunciated in common law and, such requirements had been fully complied with and met by SAA in dealing with this particular matter. The employee has a contractual employment relationship with SAA and is subject to the Disciplinary Code like all other employees. Most importantly, the Labour Relations Act, Act No. 66 of 1995 (LRA) governs and regulates the employment relationship between the employee and SAA, and thus, should the employee be aggrieved by the decision to place her on precautionary suspension, pending an internal investigation, she is at liberty to invoke the relevant provisions of the LRA for an appropriate relief. This remains an operational matter.