What is the ‘law of the land’ when dealing with hearsay evidence during arbitration proceedings - De Rebus

In the recent judgment of Exxaro Coal (Pty) Ltd the Labour Appeal Court (LAC) dealt with a paramount issue around the interplay between the powers granted to commissioners at the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of s 138 of the Labour Relations Act 66 of 1995 (LRA) and s 3 of the Law of Evidence Amendment Act 45 of 1988. To be specific, the court addressed the issue concerning the admissibility of hearsay evidence during arbitration proceedings at the CCMA.

Employment references: Practical guidelines to avoid delictual liability - De Rebus

By Martie Bloem - The high unemployment rate in South Africa (SA) has the inevitable effect of high numbers of job applications in different employment sectors. The fact that there are currently more prospective job applicants than employment opportunities, often has the result that employers are inundated with applications by job seekers who do not meet the specific minimum requirements or falsely claim that they do. It is for this reason that employers have become wary of appointing an employee without a reliable reference.

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