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Whether you present a case at a disciplinary hearing or the CCMA, you need to know these three basic rules of evidence

by , 08 September 2014
If you think knowing how to present evidence at a disciplinary hearing or the CCMA is all you need to win, you're wrong!

You see, even if you know how to present evidence, cross-examine witnesses and argue your case, you'll lose if you don't have a good understanding of the basic rules of evidence.

The Chairperson of your hearing or the CCMA Commissioner can only make a decision using the evidence you present. If you don't give him reliable and admissible evidence, you won't win.

Don't take that risk.

Keep reading to discover the three basic rules of evidence to increase your chances of success when it comes to disciplinary hearings and CCMA cases.


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Revealed: Three basic rules of evidence

You need to know:

#1: What classifies as evidence

Evidence isn't an argument. It's the form of proof you use to support your argument. Without it, you'll lose the hearing or CCMA case.

The different forms of evidence you should know about include: Oral evidence, documentary evidence, real evidence and video evidence.
 
#2: The type of evidence you can present

Once you have evidence, you need to know if it'll be admissible in the hearing or arbitration.

According to the Labour Law for Managers Loose Leaf Service, the type of evidence you can't rely on includes:
 
  • Hearsay;
  • Similar fact evidence;
  • Parol evidence;
  • Opinion evidence; and
  • Privileged information.
 
#3: The type of evidence that carries weight

In other words, what will be the most powerful evidence you can use to persuade the Chairperson or Commissioner to decide in your favour?

The important point is your evidence must be reliable and it must come from an unbiased person.

Well there you have it: Stick to these rules when presenting evidence at a disciplinary hearing or the CCMA.

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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