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Seven steps to presenting evidence at a disciplinary hearing

by , 08 September 2014
'Evidence is the most important part of building your case and supporting your argument against an employee if you need to discipline or dismiss him,' say the experts behind the Labour Law for Managers Loose Leaf Service.

They add, 'if you don't have the right evidence, in the right form, you could lose your case if you dismiss him and he takes you to the CCMA.'

Because our experts know that's a risk you can't afford to take, they've put together a seven-step guide to help you present evidence at your employee's disciplinary hearing.

Let's have a look so you don't lose your case.


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Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch

When it comes to chairing disciplinary hearings, you can't afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today

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Don't jeopardise your disciplinary hearing – use this seven-step guide to present evidence 


Step #1: Make sure you present evidence when you present your case, don't just rely on your argument.

Step #2: Think about the type of evidence you can use. For example, you can use documents, oral evidence, real evidence, etc.

Step #3: If you use documents, introduce them properly into evidence, but first make sure they're authentic.

Step #4: Make sure you have witnesses who can give evidence of what they personally have seen or heard. Don't use witnesses with information passed on to them by someone else.

Step #5: Make sure you don't rely only on circumstantial evidence. Use as much direct evidence as you can.

Check out this article, it explains the difference between direct and circumstantial evidence.

Step #6: Make sure you lead evidence that will be admissible.

Step #7: Try to find evidence that'll carry weight, evidence you can clearly argue is reliable.

When it comes to this evidence, ask yourself: 'To what extent will the Chairperson rely on it as proof? And how persuasive will it be?'

With this guide you'll never go wrong when presenting evidence at your employee's disciplinary hearing.
 
PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.


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