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 a perfect world, the law would always resonate with the person who abides by it, who is right and just, and who speaks the truth. However, the harsh reality of any legal dispute, whether in criminal or labour law, is that It's not always about the principle of who is wrong and who is [...]
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 both a disciplinary hearing and arbitration, both parties (the employer and the employee) will be afforded the opportunity to state their respective cases to the presiding officer. They will then be afforded the opportunity to cross-examine the other parties witnesses. It has always been trite in law that a party, during cross-examination, needs to [...]
When it becomes apparent to an employer that there is potential misconduct or an incident that has occurred in the workplace, the general starting point in ascertaining information and gathering evidence relating to the misconduct in question is by obtaining witness statements from parties who have been involved in or have knowledge of the misconduct [...]
During an arbitration process, an arbitrator is tasked with making a decision. In order for him/her to make such a decision, any and all relevant evidence needs to be assessed. Such evidence falls within 3 broad categories, namely, documentary evidence, witness testimony and miscellaneous items such as videotapes, photos and any other relevant items. All [...]
During arbitration, the testimony of a witness is the most crucial of all, and you may find that you have to declare someone a “hostile witness”. A hostile witness is described as a witness who acts against the party for whom they are testifying, in a manner which is inconsistent with previous statements. For example, [...]
A subpoena is generally necessary when either an employer or employee party requires relevant testimony or evidence in the form of oral evidence, a book, document or object from a person who is unwilling to voluntary appear at the Arbitration hearing, to provide his or her testimony or evidence to the arbitrator. It is [...]
Regardless of the nature of the offence that an employee is alleged to have committed, an employer is obliged to undertake a disciplinary hearing if warranted by the disciplinary code. Due to the needs of a business, employers find themselves saddled with the logistics involved in holding a disciplinary hearing. The Labour Relations Act [...]