Riverside Hockey Club

Riverside Hockey Logo

Misconduct in the workplace

When an employee commits an act of misconduct, an employer has to collect evidence in order to prove this at a disciplinary enquiry (and maybe later at the CCMA).

There are two types of evidence that will assist an employer in proving their case. These are firstly photographs, video and audio, which is where smart phones come in very handy. It is important to ensure that you have dates and times on the photographs. Take a photo with that day’s newspaper in the frame. Begin the video with a shot of that day’s newspaper while stating the time and the date. In an audio interview, have both parties confirm the time and the date. Make sure that the intended evidence is clearly set out in the photographs, video or audio.

The second type of evidence is the verbal or written statement of a reliable witness. Witnesses can sometimes be problematic as often the employee who is charged with misconduct will intimidate fellow employees and interfere with the case. When collecting a statement, ensure that the witness gives the whole story in their own words. You can video this statement. Putting the statement into an affidavit which is then sworn to in front of a commissioner of oaths will give it more weight.

If you have any questions with regards to collecting evidence for a disciplinary enquiry, do not hesitate to contact McCarthy & Associates Attorneys on (033) 266 6170 or admin@mccarthylaw.co.za.