Van Wyk and Mndeni Meat & another(2003) 24 ILJ 1033 (CCMA)

Principle:

A CCMA arbitration is a hearing de novo at which the employer can correct shortcomings in evidence tendered at the disciplinary enquiry by producing other evidence to prove the allegations.

Facts:

At the disciplinary hearing the employer relied almost entirely on the results of a polygraph test to establish the guilt of the employee. At the CCMA the employer did not lead this evidence at all, but relied on other circumstantial evidence.

Extract from the award:

[At 1040D]   ...the respondent chose not to present the polygraph evidence. An arbitration is a de novo hearing... This has the consequence that an employer can correct shortcomings in evidence - such as hearsay or polygraph evidence - tendered at the hearing by producing other evidence at the arbitration to prove the allegations.