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Do this to ensure your witness attends an arbitration hearing

by , 25 February 2014
Let's say, you're preparing for arbitration and realise you'll need a particular witness to be present to give evidence. But the big question is: How do you ensure he attends the arbitration? Read on to find out...

One of the steps you must take to prepare for arbitration is to ensure your witness attends the arbitration.

How do you do this?

Here's what you must do to ensure your witness attends the arbitration

If the witness is your employee: If the witness is one of your employees, there won't be a problem. You just need to speak with him, explain the situation and requirements and ensure he's present.

As an employer, you're allowed to instruct your employee to be there.

If the witness is NOT your employee: If the witness isn't your employee, things can be a bit complicated.

The Labour Law for Managers Loose Leaf Service explains that this can happen where arbitration takes place some months after a particular incident and an employee whose evidence is very important has gone to work elsewhere.

But there's a way around this.

First try get the witness to be at the arbitration by agreement. Talk to him and if necessary, explain the situation to his new employer. Try to get his agreement to let the witness come to the arbitration.

If the witness and his new employer don't cooperate, have a subpoena issued to make sure the witness attends at the CCMA.

Note: You can't issue the subpoena yourself. You have to go through the CCMA.

You must file this application at the CCMA at least 14 days before the arbitration. Once the CCMA has issued the subpoena, ensure it's served (within seven days of the arbitration) on the witness who's being subpoenaed, either by you or by the Sheriff.

There you have it. Knowing how to get your witness to attend the arbitration will help ensure you're thoroughly prepared for arbitration.

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