15 December 2025

New twist to the right to make representations against precautionary suspension

By Prinoleen Naidoo, Siphesihle Sibiya

The Constitutional Court’s judgment in _Long v SAB (Pty) Ltd_(2019) 40 _ILJ_ 965 (CC) (“ _Long’_’)is often cited in unfair suspension disputes. In _Long_, the Constitutional Court ruled that an employee generally does not suffer material prejudice as a result of a precautionary suspension, even if they were denied an opportunity to make representations before the suspension.

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