- CONFLICTS OF EVIDENCE
Often during disciplinary proceedings, one individual will give one version of events and another individual will give a different version of events. You may be faced with a situation where there is a conflict of evidence that cannot be resolved.
Where there is no corroborating evidence either way, you will have to use your judgement to determine which version of events is the most credible in the light of the available evidence.
1.1. Management Issues
In determining whose evidence is the most credible, have regard to the following:
- Can the witnesses' accounts be corroborated by evidence other than that of additional witnesses, such as documents, physical evidence (e.g. locations) or by their behaviour (e.g. an individual claiming harassment has recently appeared withdrawn)?
- Has the witness been consistent throughout the investigation/disciplinary process or are there discrepancies in his evidence?
- Consider the relationship between the witness(es) and the employee – are they friends or old enemies with a score to settle? Have any of these individuals been disciplined before or found to have been dishonest?
If the parties agree to it, consider whether it is appropriate to allow the employee to cross-examine the witnesses at the disciplinary hearing (See below).
Remember that you need to show that you have a genuine belief on reasonable grounds following reasonable investigation. If you are unable to resolve the conflict so as to have a reasonable belief (backed up by some evidence that you can point to, rather than simply a hunch), then do not apply a sanction. However, some uncertainty may be reflected by a less serious sanction.