Evidence refers to the information you need to provide to convince the Commissioner that the employee is guilty of what you are claiming he/she is guilty of. Remember that in Labour Law you only need to prove that the employee is guilty on what is known as a the “balance of probability” not “beyond a reasonable doubt “as is required by the normal court of law. It a court of law you need to prove that it definitely was a particular person who committed the crime ( beyond a doubt). In any Labour proceedings, you just need to show that it was “ most probably “ the employee who committed the act.


There are different types of evidence and certain types of evidence carries more weight than other types of evidence when being assessed by a Commissioner. The most important type of evidence is known as direct evidence. This refers to the evidence provided by a witness who actually saw the event. So if you are claiming that an employee removed company property then the  most sure way of proving his/her guilt is to have the person who witnessed the incident confirm the act.

Unfortunately, most employees who are prone to this type of behavior, wait until there are no witnesses who can provide such evidence. The rule of evidence is to then look for circumstantial evidence. This refers to the evidence surrounding the incident. For example, if you can prove that the employee was the only one who had access to the product or was the last one seen with and accountable for the product then you may be able to build your case based upon “ circumstantial evidence. This means that even though no one actually witnessed the employee taking the product, the evidence shows that it could not have been anybody else.

Documentary evidence is also very valuable. This refers to document which prove that the employee was on the premises or had had access. For example you could use attendance registers, record of clocking times etc.


The Resource Remedy provides an affordable and practical training course on what evidence is required for your disciplinary enquiry and Arbitration and how to collect and present this evidence.  If you would like to obtain more information on this training course click on the following link ; Resource Remedy Training. Training course are provided as one –on –one or to a group of delegates. The course is practical and the delegate is able to apply the skills learnt immediately on return to the business. Store Managers and Supervisors performance will be greatly enhanced by this training.


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