Mr Allan Long was employed by South African Breweries (Pty) Ltd (SAB) as a district manager responsible, inter alia, for compliance relating to a fleet of vehicles in the Border District. In December 2012, irregularities were identified in the fleet, including unlicensed and unroadworthy vehicles. Despite instructions to rectify these issues, deficiencies persisted. Following a fatal accident involving an unlicensed trailer in May 2013, SAB conducted further investigations and audits, revealing ongoing non-compliance. Mr Long was suspended on full pay as a precautionary measure pending investigation and later charged with gross dereliction of duties, gross negligence, dishonesty, and bringing the company into disrepute. After a disciplinary enquiry, he was dismissed in October 2013. At the CCMA, an arbitrator found the suspension unfair due to lack of pre-suspension representations and excessive duration, and found the dismissal substantively unfair, ordering retrospective reinstatement. SAB successfully reviewed both awards in the Labour Court, which substituted them with findings that the suspension and dismissal were fair and ordered Mr Long to pay costs. Leave to appeal was refused by the Labour Appeal Court, prompting an application to the Constitutional Court.
Condonation for late filing was granted. Leave to appeal on the merits was refused. Leave to appeal against the Labour Court’s costs order was granted. The appeal against the costs order was upheld, the Labour Court’s costs order was set aside, and no order as to costs was made in either the Labour Court or the Constitutional Court.
The case confirms that, under South African labour law, precautionary suspensions pending investigation do not require pre-suspension hearings, clarifying the distinction between precautionary and disciplinary suspensions. It also reinforces Constitutional Court authority on costs in labour matters, emphasising that adverse costs orders are not automatic and must be justified with reference to fairness and section 162 of the Labour Relations Act.