Exxaro Coal (Pty) Ltd v Chipana and Others (JR2111/2014)
Exxaro Coal (Pty) Ltd v Chipana and Others (JR2111/2014) [2017] ZALCJHB 338 (6 September 2017)
The court found that the applicant failed to establish compelling reasons for the admission of hearsay evidence, as the alleged intimidation of witnesses was not credibly proven and was not ongoing at the time of arbitration. The arbitrator’s reliance on lack of consent for hearsay admission was not the sole basis for exclusion; rather, the applicant did not provide sufficient justification for the absence of direct testimony. The evidence presented by the applicant was untested and based on affidavits and investigator reports, which could not rebut the respondent’s denial of misconduct. The…
Source excerpt
- Admission Of Hearsay Evidence
- Review Of Arbitration Award
- Unfair Dismissal
- Section 3 Law Of Evidence Amendment Act
- Section 138 Labour Relations Act