The law of evidence in South African labour law applies many of the general principles of evidence, but with important adaptations.
Articles tagged with:
evidence
Dismissing Employees for False Medical Certificates
It is common cause that many employees abuse their sick leave by submitting irregular and/or false medical certificates.
Recording Conversations without Consent
Conversations recorded without an employee’s consent can be used against the employee.
Workplace Investigations
Incomplete investigation leaves gaps that can significantly weaken an employer’s position in disciplinary proceedings.
Digital Evidence v Artificial Evidence
With the proliferation of Artificial Intelligence (AI), it has never been easier to manipulate messages, videos or graphics.
Careless Slips Can Cost Arbitration Hearings
Employees, and employers for that matter, cannot afford to leave adverse evidence unanswered. It occurs often that parties do not challenge evidence that is led against them.
Written statements at disciplinary hearings
Must an employer hand over evidence before a disciplinary hearing?
Seven rules for considering hearsay evidence in a disciplinary enquiry
By general definition, 'hearsay' is understood as being information that cannot really be proven. It is often heard by someone else and so can easily amount to nothing more than rumours. For...
Questioning witnesses during arbitration hearings
Arbitration hearings occur at the Commission for Conciliation, Mediation and Arbitration (CCMA) or the appropriate Bargaining Council (BC). This happens when a dismissed employee, after an internal...
Hearsay Evidence
Evidence in a disciplinary hearing, at the CCMA or the Labour Court is important. Evidence is necessary to proof a case. Witnesses are therefore critical and their evidence must be reliable. Hearsay...
Rules of Evidence
What are the basic rules of evidence when an employer has a case at the CCMA? When an employer presents a case of a disciplinary hearing at the CCMA, the employer representative needs to know the...
Witnesses at Disciplinary Hearings
The focus of this article is about witnesses at internal disciplinary hearings conducted by employers and not witnesses at CCMA or Bargaining Council hearings. At internal disciplinary hearings the...
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