 "The Star (South Africa)")
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Evidence key to successful disciplinary hearings; Employer must support claims with authentic proof.(Workplace)
The Star (South Africa)
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August 6, 2008
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COPYRIGHT 2008 Independent News & Media PLC. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.
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One of the primary legal concerns at a disciplinary hearing is for the chairperson, when pursuing a substantively fair decision on guilt or innocence, to understand what proof is required.
The Rules of Evidence applicable to criminal cases require that guilt must be proven beyond reasonable doubt.
In labour law, the party bearing the burden of proof, normally the employer, need prove his case only on a balance of probability.
The question, however, is how to objectively evaluate the evidence to arrive at a sound decision on guilt or innocence.
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