The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
In terms of section 3 (4) of the Law of Evidence Amendment Act 45 of 1998, hearsay evidence is defined as evidence, whether oral or in writing which probative value depends on the credibility of another person other than the person giving such evidence. Hearsay evidence is generally not admissible in legal proceedings as the [...]
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. [...]
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 [...]