Can hearsay evidence be used in a disciplinary hearing?
Can hearsay evidence be used in a disciplinary hearing?
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is not the person who witnessed the incident.
Can hearsay evidence be used in a disciplinary hearing UK?
It should be noted that hearsay evidence is not uncommon in disciplinary proceedings but the respondent may, however, seek to challenge the admissibility of hearsay evidence on the basis that the witness is required to attend in person so that he or she can be cross-examined.
What is inadmissible evidence in a disciplinary hearing?
Can a hearsay evidence be used in a disciplinary hearing?
The employee should be allowed the opportunity to state a case in response to the allegations.” This does not appear to exclude reliance on hearsay evidence, as long as the employee has an opportunity to state his or her case.
Can a written statement be admissible in a disciplinary hearing?
Such instances are regarded as hearsay evidence, and generally such evidence is not admissible. However, it may be admissible under certain circumstances. The case of NUMSA obo Adam/VWSA (Pty) Ltd [2002] 9 BALR 967 (CCMA) included the issue of the admissibility or otherwise of a written statement by the alleged victim of sexual harassment.
Who is the chairperson of a disciplinary hearing?
The chairperson of a disciplinary hearing determines the guilt or innocence of an accused employee. This is normally done after analysing and evaluating the evidence, hopefully in compliance with the law of evidence’s principles.
Can a customer give evidence in a disciplinary hearing?
Occasionally a customer or other external party is witness to employee misconduct. It may be necessary for such person to give evidence in disciplinary proceedings. If the employee challenges the outcome of the hearing, such evidence may also be needed in arbitration proceedings.
Such instances are regarded as hearsay evidence, and generally such evidence is not admissible. However, it may be admissible under certain circumstances. The case of NUMSA obo Adam/VWSA (Pty) Ltd [2002] 9 BALR 967 (CCMA) included the issue of the admissibility or otherwise of a written statement by the alleged victim of sexual harassment.
The employee should be allowed the opportunity to state a case in response to the allegations.” This does not appear to exclude reliance on hearsay evidence, as long as the employee has an opportunity to state his or her case.
Can a tape be admitted in a disciplinary hearing?
Towards the end of the disciplinary hearing, the complainant or initiator applied to admit into evidence a tape recording on which an employee had confessed and implicated the applicants. Although they were objections by the union representative, the presiding officer admitted the tape recording and the applicants were dismissed.
Occasionally a customer or other external party is witness to employee misconduct. It may be necessary for such person to give evidence in disciplinary proceedings. If the employee challenges the outcome of the hearing, such evidence may also be needed in arbitration proceedings.