evidence

Let’s Set the Record Straight

In the recent, unreported judgement of Mashigo v SSSBC, under case number JR 269/2022, one of the questions which arose was whether a record or minutes from a disciplinary hearing could be submitted into evidence without them being substantiated by means of oral evidence by the same witnesses who testified at the same disciplinary hearing. [...]

2022-08-30T11:48:23+02:00August 30th, 2022|General|Comments Off on Let’s Set the Record Straight

The authenticity of documentary evidence

In terms of Section 138(1) of the Labour Relations Act, a Commissioner may conduct an Arbitration in a manner that the Commissioner considers appropriate in order to determine the dispute fairly and quickly, with the minimum of legal formalities. In the guidelines on misconduct Arbitrations published by the CCMA, it is stipulated that an Arbitration [...]

2022-01-28T14:31:34+02:00January 26th, 2022|Arbitration|Comments Off on The authenticity of documentary evidence

The admissibility of voice recordings

Several people or employees find themselves in unwanted situations where they feel it is necessary to record conversations that occur. The main reason for this is so that the recording may be used as proof against the other person for several reasons. It could be in the workplace where you have recorded certain scenarios, such [...]

2022-01-18T14:05:32+02:00January 18th, 2022|General|Comments Off on The admissibility of voice recordings

My employee is not willing to testify at arbitration, what do I do?

It is not uncommon for employees to be called as witnesses by their employers in cases of disciplinary hearings, arbitrations and even, in some circumstances, Labour Court cases. In some of these cases, the employees are happy to oblige. However, in other cases, employees may refuse to testify. If the employee who refuses to testify [...]

2021-12-08T11:11:57+02:00December 8th, 2021|Arbitration|Comments Off on My employee is not willing to testify at arbitration, what do I do?

The significance of knowing the basic rules of evidence when presenting a case, either at the disciplinary hearing or at the CCMA

It is important to know that the Chairperson of a disciplinary hearing or the CCMA Commissioner can only make decisions based on the evidence that has been presented. If reliable and admissible evidence is not provided, the case, in all probability, will not be won. It is thus essential to be familiar with the basic [...]

2021-10-13T13:08:55+02:00October 13th, 2021|General|Comments Off on The significance of knowing the basic rules of evidence when presenting a case, either at the disciplinary hearing or at the CCMA

But I am an honest person with integrity….Character Evidence 

It is common knowledge that a person's character can be described as the traits of a person which may make them distinct from another person. This is considered by doing an assessment based on personal opinions, general reputation and the deposition of the person concerned. Character evidence can be defined as "any testimony or document [...]

2021-09-29T12:13:13+02:00September 29th, 2021|General|Comments Off on But I am an honest person with integrity….Character Evidence 

Circumstantial evidence

There are various forms of evidence that can be used at the CCMA or Bargaining Councils to prove a case.  The best evidence, of course, would be direct evidence linking an employee to the commission of an offence, for example, closed-circuit television (CCTV) footage of an employee helping themselves to money from the cash register. [...]

2021-09-14T22:12:12+02:00September 14th, 2021|General|Comments Off on Circumstantial evidence

Law of evidence: Objects as a form of evidence

Evidence establishes facts. For instance, the evidence of video footage would help to establish the fact that a certain person was at the scene of the commission of what it is being alleged he committed. Real and demonstrative evidence are two important forms of evidence, but they can only be used at a hearing if [...]

2021-09-09T10:51:01+02:00September 9th, 2021|General|Comments Off on Law of evidence: Objects as a form of evidence

Documentary Evidence – Sounds straightforward, right?

Employers often rely on different types of evidence to prove their case during a Disciplinary Hearing at the workplace and/or an Arbitration proceeding at the CCMA/Bargaining Council. Both the employer and employee party must submit all relevant evidence before the Chairperson (Disciplinary Hearing) and/or Commissioner (Arbitration proceeding), who cannot reasonably ignore or refuse to hear [...]

2021-09-08T13:04:11+02:00September 8th, 2021|General|Comments Off on Documentary Evidence – Sounds straightforward, right?
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