Video footage needs to meet a number of criteria before it can be used as evidence against an employee
At the CCMA, it is the employer who has the full onus of proving that a dismissal was fair. For this reason, when employers are able to catch employees breaking rules on camera, they believe that they are guaranteed to win the case at the CCMA. This is not so, for many reasons.
Videotaped evidence has been accepted as valid but, just as often it has been rejected. This is because certain circumstances can render video evidence unreliable or unacceptable.
In Afrox Ltd vs Laka & Others (1999, 20 ILJ 1732), the Labour Court found that the arbitrator’s decision to disallow video footage was grossly irregular, as the evidence that the employer wanted to use was relevant to the case at hand.
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Denne historien er fra January 2019-utgaven av Skyways.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
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Fit For Purpose
Changing legislation offers a range of opportunities in the health sector
Good For Grinches
Finally! A holiday season Scrooge himself can invest in
A Paradise In The Wilderness
Visitors find freedom at Treedom on the Garden Route
Do It For The Kids
Parenting styles play an important role in helping children develop through the pandemic and beyond
Trekking With Teens
Travelling with adolescents comes with a unique set of challenges
Know Your Mind
Our brain uses shortcuts to think quickly but, sometimes, these mental timesavers let us down. Dr Pragya Agarwal discusses the science of cognitive biases, and why it’s more important than ever to understand how they hold sway over our views
Infected With The Travel Bug Again
As tourism-related establishments up their game to ensure visitor health and safety, it’s possible to feel positive about travelling again
Star attraction
Greater Kruger lodge makes a spectacular first impression
Palala position
The effect of the past on the present is positively felt in a luxury Waterberg lodge
Can the spam!
Irrelevant advertising will almost certainly turn consumers against your product
