During 2014/15, and again in 2018, there have been a number of changes made to the legislation affecting the obligations of employers and the rights of employees, and responsibilities of commissioners presiding over misconduct hearings. This week Ivan Israelstam points out that employers are failing to defend their decisions at the CCMA. A number of important changes are listed and Ivan will be covering these over the coming weeks.
Employers do sometimes find it difficult to prove at CCMA hearings the allegations they make against employees, who have been dismissed. One of the most common forms of evidence used in modern workplaces is camera videotape evidence. However, this is not without problems. This week Ivan Israelstam quotes cases where the camera videotape type evidence has been challenged.
At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. Ivan Israelstam explains further.