Legal Matters: Dummy Payslips - Shortcut or Career Suicide?

So the question that I have is, that once it has been established that the basis upon which the employee was employed was on the basis of a dummy or a fake pay slip, the fair process that you just mentioned would include if there is a suspension with pay?

If the employee had already started working, yes.

A prudent employer will then suspend that employee with pay pending investigation and pending the outcome of the hearing.

Why should we have someone in your employ, you know, having secured employment using a fake pay slip, you know, when you can actually suspend that person? Yes.

It will be suspension with pay.

Remember suspension pending the outcome of a hearing or pending a further investigation is not a pronouncement of guilt on the part of the employee.

That is why you cannot suspend an employee without pay and at the same time subject them to a disciplinary process.

It's called double double punishment and that is the law and it has been like this in this country.

It's only when it comes to, and I know I've been to another topic for some other time, it's only when it comes to sanction that an employee, as part of mitigating, can say, you know what, instead of dismissing me, and it's very prevalent in the industry, in the public sector, instead of dismissing me, I'm more than happy to do two things, to take a demotion and to accept a suspension without pay for a period of three months or four months and so.

So some employees strategically, they do make that so that they save their job and with a view that they can leave for a couple of months while their job is saved.

So it can be offered as an alternative sanction, suspension without pay, but by agreement.

But when it comes to the disciplinary context, where one in terms of the universal law is innocent until proven guilty you cannot implement suspension without pay while at the same time you are subjecting that very same employee process and i don't want to repeat the point is that one is innocent until proven guilty therefore do it later when it comes to sanction but for now go through the pain of the employee having to answer to serious allegations of misconduct until he or she has been found guilty or not.