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Four types of evidence you can't present at a disciplinary hearing

by , 13 September 2015
It's important for your disciplinary hearings to be effective, fair and legally compliant.

In ensuring that effectiveness is maintained, you need to keep in mind there are four certain types of evidence you can't present at a disciplinary hearing.

They are:

1. Hearsay evidence: 

You may not get your witness to present hearsay evidence.

In other words, the witness may not testify to something happening based on what another person said. 

If you want to present this evidence, you will need to get the original person to testify.

2. Opinion evidence: 

You aren't allowed to ask for the witness's opinion unless he'is an expert in the field being questioned. 

Everything you need to know about substantively and procedurally fair disciplinary hearings
So… Your employee's guilty of misconduct. Let's say he took a company laptop home, without asking permission. It's a simple open and closed case of theft, isn't it?
Not so fast! You can't just say 'that's it, you're out of here' and think that's the end of that. No, you still have to hold a disciplinary hearing.

You still have to give him a chance to defend his case, and explain why he did that.
You also have to prove that he did this. You have to spell it out for him and notify him you're going to discipline him. And you have to give him time to prepare his case.
And then there's even more to it… You have to have a disciplinary hearing so you can prove your case, and give him a chance to defend his… And this is where most employers fail.
3. The verdict in other proceedings: 

You can't find an employee guilty of an offence simply because he was found guilty of the same offence in the past.

4. Character evidence

This isn't allowed. But if the employee brings the subject of his character up during the proceedings, then you may o into it. 

So, there are four types of evidence that you generally can't use during a disciplinary hearing. 

To learn more, click below… 

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