Long suspension, big consequences: Lessons from the SABC case

In a significant ruling for public sector employers and employees alike, the Labour Court in SABC v CCMA and Others [2025] JR562-22 (LC) upheld an arbitration award that found the South African Broadcasting Corporation (SABC) had committed an unfair labour practice against its former Radio 2000 Station Manager, Puleng Thulo. The Court dismissed the SABC’s application to review and set aside the award, which included compensation of R410,000 for the employee.

Background

Thulo was employed as the Station Manager of Radio 2000. Her responsibilities included submitting a programme line-up for the new financial year and ensuring timely implementation. The SABC alleged that she failed to meet deadlines, resulting in the late notification of freelance presenters whose contracts were not renewed. This led to the SABC paying nearly R300,000 in what it deemed “fruitless and wasteful expenditure”.

Thulo was charged with gross negligence, abuse of power, and causing financial loss. A disciplinary panel found her guilty of negligence (not gross negligence), issued a final written warning, and recommended her relocation to a non-supervisory role. She was also ordered to repay the amount paid to freelancers. However, she was kept on suspension for over a year, even after the disciplinary process had concluded.

Thulo challenged the fairness of her suspension and disciplinary outcome at the Commission for Conciliation, Mediation and Arbitration (CCMA), which ruled in her favour. The SABC then approached the Labour Court to review the award.

Legal implications of the judgement

Extended suspensions can constitute unfair labour practices

The Court reaffirmed that while precautionary suspensions are permissible, they must not be unreasonably long. Thulo’s suspension lasted 443 days, which the Court found to be excessive and punitive in effect. This aligns with previous case law, such as Koka v Director-General: Provincial Administration, which held that even “holding” suspensions can amount to disciplinary action if prolonged.

Employers must implement disciplinary outcomes promptly

The SABC failed to implement the disciplinary panel’s sanction, including Thulo’s relocation and repayment order. The Court noted that this delay contributed to the unfairness of her treatment and undermined procedural fairness.

Misapplication of contractual obligations can lead to employer liability

The SABC held Thulo responsible for the payment to freelancers, but the Court found that she had submitted the programme line-up in time and that the delay in approval was not solely her fault. The Court ruled that the SABC’s own internal inefficiencies contributed to the financial loss.

Key takeaways

For employers:

• Avoid excessive suspensions. Even if paid, lengthy suspensions without valid justification may be deemed punitive and unfair.
• Implement disciplinary outcomes without delay. Failure to do so can undermine the legitimacy of internal processes.
• Ensure clarity in contract management. Misunderstandings about freelance or fixed-term contracts can lead to costly disputes.
• Review applications are not appeals. Courts will not interfere unless the arbitrator’s decision is clearly unreasonable.

For employees:

• Know your rights under the Labour Relations Act. Unfair labour practices, including prolonged suspensions, can be challenged.
• Document your compliance. Thulo’s record of submitting the line-up and her attempts to engage management helped her case.
• Use internal remedies wisely. Although Thulo abandoned her appeal, she successfully pursued relief through the CCMA.
• Legal representation matters. Effective representation at arbitration and review stages can significantly influence outcomes.

Final thoughts

This case serves as a cautionary tale for employers who delay or mishandle disciplinary processes. It also reinforces the importance of procedural fairness and the need for employers to act decisively but lawfully. For employees, it is a reminder that the law provides recourse against unfair treatment, even in complex organisational structures like the SABC.

The Labour Court’s decision not only upholds the integrity of the CCMA’s arbitration process but also strengthens the principle that fairness must prevail in all employment relationships.

For advice or more information, contact Riona Kalua, head of our Labour and Employment team.