NON- CO-OPERATIVE EMPLOYEE
An Arbitrator recently found that when an employee refuses to co-operate in an investigation
conducted by the employer, the sanction of dismissal was too harsh.
Although there is no right to remain silent and, on the contrary, a duty to assist the
employer an appropriate sanction must be meted out and must accord with the charges
which are investigated.
EVIDENCE VIA VIDEO CONFERENCING
The Labour Court has held that where a necessary witness is no longer available and immigrated prior to the date of the hearing it is permissible to obtain the evidence via skype.
GOOGLE – IS IT GOOD ENOUGH EVIDENCE
An Arbitrator had found that using Google Maps to measure the distances travelled by the employee when the employee was alleged to have falsified the travel claims is not sufficient. The Arbitrator stated that Google Maps is just a commercial computer application and the author was not called to authenticate the distances. In that matter the creator of the spreadsheet setting out the Google distances was not called either.
A Court found that paying airline pilots over the age of 60 less than their younger colleagues to be discriminatory .
The Labour Appeal Court has handed down two conflicting decisions regarding the requirements that disclosures be made in good faith and that the discloser reasonably believe it to be true, in order for it to be protected. In one instance the disclosure was made after the employee was dismissed and before the Appeal and was found to be in good faith in another the disclosure was made prior to any dismissal or warning had been issued, in that case the employee was found not to have acted in good faith.
THE VALUE OF POLYGRAPH TESTING
The Court has found that polygraph testing on its own and unsupported by any other evidence would not be enough to establish whether or not the employee was guilty of the charges put to him or her. Further, in order for the polygraph testing to have relied on expert evidence would have to be presented, explaining the science and methodology of the testing.