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Presenting evidence at your employee's disciplinary hearing? Here's what you CAN bring

by , 04 September 2014
When it comes to your employee's disciplinary hearing, you can't present the following four types of evidence:

1. Hearsay evidence;
2. Opinion evidence;
3. The verdict in other proceedings; and
4. Character evidence.

So, if you can't present this evidence, what type of evidence can you bring then? What's allowed?

Keep reading to discover the type of evidence you must gather and present at your employee's disciplinary hearing.


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Take a look at the type of evidence you can present at your employee's disciplinary hearing
 

Evidence that's sufficient to convince a presiding officer is called proof. In order to provide such proof you must gather, analyse, prepare and present the following evidence types at your employee's disciplinary hearing:

#1: Witness evidence. This includes:
 
  • People who saw or heard what happened;
  • People who can explain procedures and processes such as disciplinary policies/rules and security procedures; and
  • Experts who can testify to technical matters such as the illness of the employee, the type of weapon that may have been used or the electronic system through which money may have been stolen.

#2: Documentary evidence. This includes:

  • Invoices;
  • Letters;
  • Emails;
  • Policy documents;
  • Security registers;
  • Time sheets, box labels; and
  • Any other documents relevant to the case.

#3: Objects. This includes things like:

  • The cartons of stolen cigarettes;
  • The car your employee used to commit an illegal act;
  • The key he used to open the storeroom; and
  • The videotape which shows him entering the storeroom (Note: videotape evidence may be inadmissible if your employee wasn't aware of being recorded.)

There you have it. This is the type of evidence you can bring to your employee's disciplinary hearing.

For more information on disciplinary hearings, check out the Labour Law for Managers Loose Leaf Service.



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