The LC confirmed that as a general rule a mere loss of income and benefits does not justify the granting of interim relief.  Although this is not an immutable rule an employee  seeking remuneration during suspension must prove special circumstances to justify interim relief.  A bald allegation of infringement of dignity caused by a suspension without pay is not sufficient.  Nor are bald assertions relating to:

  • inability to meet financial commitments;
  • no access to means necessary to sustain him and his family;
  • a danger of losing accommodation;
  • no access to health care; and
  • inability to service debts.

K-K v Development Bank of Southern Africa (J2406/16) [2016] ZALCJHB 420 (31 October 2016) per Van Niekerk J.