![]() ![]() The witnesses must also be prepared for what to expect during the proceedings. The parties must prepare their witnesses before the hearing and work out which witnesses will be used to validate which documents and other evidence. Apart from preparing the evidence for their opening statements at the hearing, they also need to prepare the witnesses to ensure that they will truthfully give the evidence relevant to the case of the party who calls them. It should be noted that there is no legal requirement that either party, prior to the proceedings, must inform the other party of the witnesses that will be called to give evidence.īoth parties must prepare for the hearing. Advance permission must be obtained from the witnesses’ managers to be absent from their workplaces in order to give evidence at the hearing, as well as time off to attend preparation meetings with the accused employee and the initiator respectively. Once the parties have identified and established their witnesses’ willingness to testify, it is each party’s responsibility to arrange that the witnesses are available and ready to be called to testify at the hearing. Prospective witnesses cannot be forced, coerced, intimidated or threatened to give testimony, but must do so willingly and/or voluntary, otherwise it could be a hostile witness. A witness has the right to refuse to testify at internal disciplinary hearings, in which case the relevant party cannot subpoena such a witness, as is the case in hearings at the CCMA or Bargaining Councils. Witnesses (internal or external) must be persons that have first hand (direct evidence) or observed (were present) knowledge of the alleged offence that had been committed by the accused employee.Įach party is responsible to identify and determine whether their witnesses are willing to testify or give evidence at the hearing. The parties must identify all the witnesses that will be needed well in advance of the disciplinary hearing. Neither of the parties may object to and/or refuse external witnesses, as they are permissible and should not be confused with external representation. However, either of the parties may also call external witnesses. Witnesses for either party (the accused employee and the initiator) would generally be internal witnesses such as colleagues and managers. They may therefore get flustered and so make mistakes. Unless expertly handled witnesses may get nervous during the hearing.
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