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What kind of evidence is admissible in arbitration?

by , 10 February 2014
Once you have evidence against your employee, you need to know if it'll be admissible in the hearing or arbitration. Continue reading to find out the type of evidence that is allowed...

Before we get to the type of evidence that's admissible during arbitration, let's first define the word 'evidence' in terms of labour law.

Essentially, evidence is the form of proof you use to support your argument. This includes:

  1. Oral evidence - Verbal statements witnesses make during the hearing.
  2. Documentary evidence - Documents you produce during the hearing to support your case.
  3. Real evidence - Actual objects you produce during the hearing.
  4. Video evidence - Video footage that shows an employee committing the crime and being caught on camera.

Without evidence to support your case, you'll lose at the hearing or CCMA. But the CCMA won't accept everything as evidence. It has to fit the following criteria…

649 New cases are referred to the CCMA every day. Only 72% of the cases are settled...
What happens to the rest?
Did you know a full 38% if all cases end up at arbitration, the Labour Court or in strikes or lock-outs? That's a massive 247 cases that leave employers, just like you, battling it out with an employee. 
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Evidence will only be admissible in arbitration if it meets these stringent requirements

The Labour Law for Managers Loose Leaf Service explains that common sense will tell you that you can't rely on some kinds of evidence to prove that your employee's guilty.

For example, if you force the evidence out of your employee or threaten him, you can't rely to prove your factual position.

Usually a Chairperson or Commissioner will reject evidence that's unreliable. In other words, rule it inadmissible.

The following kinds of evidence are usually not admissible:

The bottom line: Evidence will only be admissible in arbitration if it's credible. That's the only way you'll be able to persuade the Chairperson or Commissioner to decide in your favour. We recommend you check out this article to find out which type of evidence carries more weight during arbitration.

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