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 [...]
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 [...]
Introduction: Video evidence is useful to an employer relying on the evidence in support of a dismissal of an employee for misconduct and, in turn, lessening the burden of proof. The CCMA, Bargaining Councils and Courts have accepted the admissibility of video evidence in that it is more concise, reliable and not subject to the [...]
There are many employers who have installed security cameras in the workplace. These cameras record employees going about their daily duties as well as patrons and customers visiting the business premises. Should an incident occur, perhaps theft or assault, whether by an employee or customer, it is easy to revert to this footage and [...]
Before we can determine if hearsay evidence can be used during proceedings, is it important to know what the meaning of hearsay evidence is: “Hearsay evidence” means evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence. It is [...]
The party bearing the onus in arbitration proceedings before the CCMA or a Bargaining Council must prove their version on a balance of probabilities. This simply means that their version must be more probable than the other party’s version to succeed (also known as discharging the onus). What is then to be done when [...]
The assessment of evidence, in all relevance, is not as strict in the CCMA as it is in a court of law when it comes to civil, and even more so, criminal matters. Section 138(1) of the Labour Relations Act speaks to the fact that in arbitration, for example, the Commissioner may conduct proceedings in [...]
The time delay between the internal disciplinary hearing taking place and the matter being set down for arbitration at the CCMA or Bargaining Council could take a couple of months or even much longer. This delay could result in a situation arising where the witness or witnesses who testified at the internal hearing are unavailable [...]