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