LLA1305A: Introduction to the law of evidence


The importance of the law of evidence in the context of disciplinary hearings and arbitrations can not be underestimated. Chairpersons face the risk of their finding being altered by an arbitrator, resulting in trauma for a dismissed employee and increasing the cost of dismissal to the employer. The failure to apply the law of evidence is one of the grounds on which an award may be set aside on review. Company and union representatives fail to understand the nature of the evidence in a particular case, and fail to present and/or challenge evidence when they should do so. Chairpersons often fail to weigh up evidence correctly, or are either one-sided or intimidated into allowing baseless objections, or irrelevant evidence. Many arbitrators are not legally trained and this adds a level of uncertainty to a process where, despite much of the substantive law being settled, arbitrator fail to assess evidence in terms of  the standards required by law. 



LLA 1305 A: Introduction to the law of evidence

This is the ARTICLE on which the COURSE with the same name is based.

The ARTICLE is also found in the BOOK The law of evidence in hearings and arbitrations.

The content of this ARTICLE is





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