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Do you know what to do if Solomon refuses to disclose the documents you need to prepare for arbitration?

by , 15 October 2014
You're preparing for an arbitration hearing.

You send a letter to your employee Solomon, asking him to disclose all documents relevant to the dispute.

To your surprise, he refuses to do this. You're now struggling to build your case and are wondering if there's recourse.

The good news is, there is recourse.

Here's what you need to do to deal with Solomon's refusal to give you the documents you need to prepare for arbitration.


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Do this if Solomon refuses to disclose the documents you've asked for to prepare for arbitration

 
'Discovery' is the legal term for the disclosure to the other party of all documents relevant to the dispute. 'Discovery' takes place before the legal proceedings (i.e. before the arbitration).
 
In terms of labour law, producing documents relevant to the dispute is important as it ensures the arbitration is fair. The law also makes it clear that one can't suppress or conceal information.
 
So when you've sent Solomon a letter asking him to 'discover' all documents relevant to the dispute and he refuses, you can approach the Commissioner appointed to hear the matter.
 
After you approach him, he can issue an order directing Solomon to disclose the information.
 
You can make this request informally by sending a fax or letter to the CCMA, or formally by bringing an application with a supporting affidavit.
 
It will then be up to the Commissioner to decide whether or not to order the disclosure of documents. The Commissioner will base his decision on how relevant the documents you want are.
 
Bottom line: There's recourse if Solomon refuses to disclose the documents you've asked for to prepare for arbitration. Knowing this information will help ensure you prepare well for arbitration.
 
PS: For more information on all things related to the CCMA, check out CCMA for Managers.
 

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