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Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Guidelines on Misconduct Arbitration

C: Assessing Evidence and Drafting an Award

Summary of evidence

 

(52) The summary of the evidence should record the relevant evidence led. Normally it is easiest to organise that evidence in the order that it is given, or chronologically. It need not contain all the detail that may be necessary for the purposes of analysis later in the award.

 

(53) Documentary evidence should be summarised under this part of the factual enquiry. Any relevant parts of the contract of employment and disciplinary code should be quoted or summarised.

 

(54) It is best not to deal with issues of credibility or probability at this stage of the award. The purpose of this part of the award is to record as accurately as possible the relevant parts of the evidence for the purposes of the analysis.