Determining the admissibility of hearsay evidence in dismissal proceedings

Abstract

The general aim of this study is to determine and evaluate the current developments of the labour law regarding the determination of the admissibility of hearsay evidence in dismissal proceedings. The practical implementation of the labour law profession is regulated by the Labour Relations Act 66 of 1995 and when dealing with dismissal proceedings, numerous guidelines and codes of conduct provide further guidance. Labour law practitioners are confronted with practical labour issues on a daily basis and have to take note of all judicial decisions binding on them, creating an everchanging labour market. The most recent jurisprudence to be taken into consideration by labour law practitioners regarding the determination of the admissibility of hearsay evidence in the interest of justice, is Exxaro Coal (Pty) Ltd v Gabriel Chipana 2019 10 BLLR 991 (LAC). There is a need for all parties to a dismissal proceeding, representatives of parties as well as commissioners, to be aware of the new safeguards, introduced into labour law by the Exxaro Coal matter. These safeguards attempt to ensure the fairness of all parties, fairness regarding the entire dismissal proceeding, with specific reference to the determination of admissibility of hearsay evidence being in the interest of justice. The researcher submits that these six safeguards introduced into the labour law by the Exxaro Coal matter is not farfetched and that these safeguards forms part of the jurisprudence. The researcher recommends that these safeguards be adhered to by commissioners, even though there is a bit of legal formality attached to the safeguards. The fairness towards all parties and the fairness of the proceedings are of the utmost importance.