What happens if you resign before a disciplinary hearing?

Can I resign before or during a disciplinary process? Yes, you can. You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.

Why did I refer my dismissal to the CCMA?

The employee disputed the dismissal and referred it to the CCMA. He claimed that the procedure had been flawed because he had not been afforded a proper opportunity to state his case. The CCMA Commissioner referred to the Code of Good Practice: Dismissal as set out in Schedule 8 of the Labour Relations Act (“the Code of Good Practice”).

Can a presiding officer challenge a witness statement?

However, the presiding officer has the discretion to allow such documents in certain exceptional cases. Even where a witness to the document is produced the other party has the right to challenge that witness’s statements.

Can a co-worker cross examine an accused employee?

The accused employee (or the employee’s representative, i.e. a co-worker or a shop steward) cross-examines the employer witness. The initiator clarifies issues arising from the employer witness’ evidence during cross-examination by re-examining the employer witness. The witness is excused.

What happens to employer witness in disciplinary hearing?

The initiator clarifies issues arising from the employer witness’ evidence during cross-examination by re-examining the employer witness. The witness is excused. The presiding officer (chairperson of the hearing) may ask questions at any stage. The aforesaid steps are followed with all the employer witnesses.

Can a person recant a statement in a California police report?

Recanting a statement means that a person wants to retract, withdraw, or take back a previous statement that he made to law enforcement personnel. Can a party recant a statement in a California police report?

Are there new rules for preparing witness statements?

Some of the recent case law seems to herald the fact that the rules on preparation of witness statements are likely to be more rigorously enforced in the future. There is speculation that, after the launch of the new disclosure pilot in January 2019, witness statements will be the next focus for reform.

How to make a witness statement in a grievance?

It needs to elucidate what your colleagues both saw, and heard. Wherever possible get somebody (other than yourself) to witness the person’s signature, who has made the ‘statement’. Are looking for a grievance letter template to send to your employer?

How are witness statements used in criminal cases?

The witness statements became products of reconstruction based on a meticulous examination of the documents by the large teams of lawyers involved in the case. A witness statement should not be based entirely on the documents or tailored to match them.