HomeHome SearchSearch MenuMenu Our productsOur products

If you're struggling to get your witness to attend the arbitration hearing, here's what you should do

by , 15 October 2014
At an arbitration hearing, a witness plays a key role as you need him to be present to give evidence to support your case.

If the witness you want to call is one of your employees, you won't have a problem getting him to attend the arbitration hearing. As his employer, you can prepare him for the matter and instruct him to be there for the hearing.

But, if the witness isn't one of your employees, you may struggle to get him to attend. This can happen where the arbitration takes place some months after a particular incident and, an employee whose evidence is very important, has gone to work elsewhere.

But it's not all doom and gloom.

Keep reading to find out what you need to do if you're struggling to get your witness to attend the arbitration hearing.


********** Advertisement ************


With 83 forms, 87 templates and 17 checklists at your disposal, NO HR issue, labour query or health & safety concern will ever cause you sleepless nights again

From absenteeism to discipline, hiring and firing, dealing with compensation for injuries in the workplace, the 189 documents you'll find in the A-Z of Master Forms and Templates will show you what you need to do and which forms you'll need to have on hand to deal with every employee issue you can think of.

Click here to read more…

****************************************

 

There are two ways to get your witness to attend the arbitration hearing

 
1. Try to get your witness to be at the arbitration hearing by agreement
 
You must talk to him and, if necessary, explain the situation to his new employer so he can agree to let the witness come to the arbitration.
 
If your witness and his new employer don't cooperate, have a subpoena issued to make sure your witness attends at the CCMA.
 
2. Subpoena your witness so he can attend arbitration
 
You can't issue the subpoena yourself, you have to go through the CCMA.
 
According to the Labour Law for Managers Loose Leaf Service, you must file a completed subpoena form at the CCMA (LRA Form 7.16) with a written explanation of why it's necessary to have that specific witness's evidence. You must file this application at the CCMA at least 14 days before the arbitration.
 
Once the CCMA has issued the subpoena, ensure it's served to the witness, either by you or by the Sheriff. You must have it served within seven days of the arbitration.
 
It's that simple to get your witness to attend the arbitration hearing. Now that you know this all important information, prepare well for arbitration to increase your chances of success.
 
PS: For more information on all things related to the CCMA, check out CCMA for Managers.
 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>