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When Thomas changes his testimony during an arbitration hearing, here's what to do...

by , 13 October 2014
You have an arbitration hearing coming up.

Because you know preparation is key and you don't want any surprise answers, you spend days preparing your main witness, Thomas.

You don't tell him what to say because that's illegal, you only check what he'll say and instruct him to tell the truth.

The date for the hearing finally arrives and you're at the CCMA. Proceedings are now in full swing and you get the opportunity to question Thomas. Much to your surprise, he changes his testimony and you're shocked and confused.

Keep reading as we explain what you must do when Thomas changes his testimony during an arbitration hearing so you can save your case.


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Here's how to handle Thomas when he suddenly changes testimony during an arbitration hearing

 
When Thomas suddenly changes his version of events during his testimony and the new version he delivers is damaging to your case, you have a right to impeach or discredit him so his testimony can be disregarded. This way, you'll be able to leave the remainder of your case intact.
 
You must indicate to the Commissioner that you wish to impeach Thomas to discredit his testimony.
 
You can then refer Thomas to his previously signed statement and ask him to read the portion to which he has just delivered contradictory evidence. Ask him for an explanation of his conflicting evidence and ask the Commissioner to regard the witness as hostile to your case. This is known as impeaching the witness.
 
Knowing what to do when Thomas changes his testimony during an arbitration hearing will help you salvage your case.
 
PS: We strongly recommend you check out CCMA for Managers. It will show you exactly what to expect and what to do to prepare a watertight case against an employee who's intent on taking you to the CCMA.

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