WITNESSES ARE KEY AT HEARINGS

The evidence that may be presented at arbitration hearings falls into three broad categories. Viz:

· Documents

· Sundry items such as video tapes, stolen goods, photos and other items relevant to the case at hand

· Witness testimony

Of these the most important is the testimony of witnesses. This is because it is difficult (and often impossible) to bring documentary or other evidence without using witnesses as a channel.

In the case of Ntoyakhe vs Open Arms Home for Children (2007,10 BALR 946) the employee was dismissed for assault. The arbitrator found that the guilty verdict had been based on the evidence of people who had not testified. Despite the employee’s admission that he had been guilty of assault the employer was ordered to pay compensation to the employee.

Not only are witnesses the most crucial source of evidence they are also the most difficult source of evidence to utilise because, unless properly managed witnesses may:

· fail to turn up at the arbitration hearing

· forget important details

· be bribed or otherwise persuaded to lie

· get flustered and make mistakes during the arbitration hearing.

Due to the crucial yet fragile nature of witnesses any party at arbitration should use the services of a labour law expert to:

· Identify well in advance all the witnesses that will be needed

· Prepare these witnesses to ensure that they will truthfully, thoroughly and credibly give their evidence

· Work out which witnesses will be used to validate which documents and other evidence.

To observe our experts debating hot labour law topics please go to www.labourlawadvice.co.za and click on the Labour Law Debate item in the main menu.