Kent Invicta Chamber of Commerce’s Post

HEARSAY EVIDENCE AND LOOTING A COCA-COLA TRUCK The two employees, Mr Mutele and Mr Mulaudzi, were the appellant’s driver/salesman and delivery assistant, respectively. They came across a Coca-Cola truck that had lost its load on a motorway. Passers-by and other people descended on the Coca-Cola truck and helped themselves to the bottles of Coca-Cola on the ground and the truck. The two employees were charged with having stopped their vehicle (branded SASKO) at the scene and taking part in the looting, thereby putting the appellant’s name into disrepute. The appellant relies on a report in the Daily Sun Newspaper, social media posting on Facebook and the Citizen Newspaper. The Daily Sun reported that a “Sasko Truck” driver was seen running from his truck to help himself to a few drinks that he took back to his truck. The appellant was able to identify the truck and its drivers from the photographs included in the article. The appellant’s evidence was entirely based on these reports. The appellant relied on newspaper and Facebook hearsay evidence without having laid the basis for admission of such evidence. The commissioner had alluded to double hearsay as it was not clear whether the reports and the Facebook posts were themselves based on hearsay evidence or whether the authors were present at the scene. On the complaint of not admitting hearsay evidence, the arbitrator had no obligation to consider the admission of hearsay evidence without an application for such admission. It is unnecessary to consider whether the newspaper and Facebook articles would have been admissible. The appellant concedes that the newspaper and Facebook evidence it presented is hearsay but contends that the arbitrator should have applied section 3(3) of the Law of Evidence Amendment Act 45 of 1988 and found it to be in the interests of justice to admit such evidence. In the absence of a foundation having been laid for the admission of hearsay evidence in terms of the Act, the appellant’s evidence was properly rejected. The arbitrator found that the dismissal of the two employees was substantively unfair. Pioneer Foods (Pty) Ltd t/a Essential Foods v Shear N.O. (JA21/22) [2024] ZALAC 46 (18 October 2024) https://lnkd.in/e-DZe4GA

An important point in the judgement is about hearsay evidence. The Court held at paragraph [23] that without an application for admission of hearsay evidence, the arbitrator had no obligation to consider same. The Court sets out hearsay evidence as follows: ‘3. Hearsay evidence (1) Subject to the provisions of any other law, hearsay evidence shall not be admitted as evidence at criminal or civil proceedings, unless— (a) each party against whom the evidence is to be adduced agrees to the admission thereof as evidence at such proceedings; (b) the person upon whose credibility the probative value of such evidence depends, himself testifies at such proceedings; or (c) the court, having regard to— (i) the nature of the proceedings; (ii) the nature of the evidence; (iii) the purpose for which the evidence is tendered; (iv) the probative value of the evidence; (v) the reason why the evidence is not given by the person upon whose credibility the probative value of such evidence depends; (vi) any prejudice to a party which the admission of such evidence might entail; and (vii) any other factor which should in the opinion of the court be taken into account, is of the opinion that such evidence should be admitted in the interests of justice.’ The Supreme Court of Appeal explained in S v Ndhlovu the rule as follows: ‘Third, an accused cannot be ambushed by the late or unheralded admission of hearsay evidence. The trial court must be asked clearly and timeously to consider and rule on its admissibility. This cannot be done for the first time at the end of the trial, nor in argument, still less in the court’s judgment, nor on appeal. The prosecution, before closing its case, must clearly signal its intention to invoke the provisions of the Act, and, before the State closes its case, the trial judge must rule on admissibility, so that the accused can appreciate the full evidentiary ambit he or she faces.’ As the Applicant's entire case was based on hearsay evidence, and it did not make an application for the Court to accept it, the Applicant was not successful.

🪙 Tipping You Off About Tips At Work #1. 💷 You might be aware that, from 1st October 2024, the Employment (Allocation of Tips) Act 2023 came into force, requiring all qualifying tips 🪙, gratuities 💷, and service charges 🧾 to be paid to your staff. Whilst there is no substitute for:- 📞 Getting advice; 📖 Reading up on the legislation; 👓 Reading the statutory Code of Practice on Fair and Transparent Distribution of Tips, and 👀 Reading the non-statutory guidance on distributing tips fairly, here are some tips on what this important change to tipping law means for you. #tips #tipping #hospitality #retail #richardhironthehironator

Tipping Point💰 What the hospitality sector needs to know about the new tipping law! On 1 October the Employment (Allocation of Tips) Act 2023 came into effect to ensure that hospitality workers receive 100% of tips, gratuities, and service charges. Our latest article dishes out the details: ⚖️ Summary of legislation ➡️ Changes to Tronc 🧑💻 How to prepare Click here for more information: https://lnkd.in/e5z-QZkW #TippingLaw #UKLaw #Tips #Tronc #TroncScheme

"Employer's health concern over chef's bead wristband." If you are an employer, send your labour law questions to NEASA, the leaders in Labour Law. WhatsApp: 072 529 1674 | E-mail: media@neasa.co.za For more, visit our website: https://bit.ly/_neasa #LessonsOnLabourLaw #Episode083 #LabourLaw #Arbeidsreg #NEASA #NEASALessonsOnLabourLaw #Healthandsafety

The Employment (Allocation of Tips) Act 2023 comes into effect on the 1st of October, 2024. This law mandates that businesses must pass on 100% of tips to their teams. Is your business ready? We partnered with experts from TiPJAR®, UKHospitality and The Tronc Advisor to answer your pressing questions on how this will impact the hospitality sector. Key Steps to Prepare: 1. Understand the Legislation - Know your obligations as an employer. 2. Develop Your Policy - Ensure transparency for all team members, including agency staff. 3. Prepare for Implementation - Get ready for compliance before 1st October 2024 📄 Download our Q&A Sheet for more insights from industry experts: https://ow.ly/B6k450SWyom #TipsLegislation #Hospitality #ServingHospitality #Compliance

What's new in employment law? Read our weekly pick of the latest news and comment from around the web. 👉https://okt.to/ayfBsk

What's new in employment law? Read our weekly pick of the latest news and comment from around the web. 👉https://okt.to/fWyTGv

The Employment (Allocation of Tips) Act 2023 comes into effect on the 1st of October, 2024. This law mandates that businesses must pass on 100% of tips to their teams. Is your business ready? We partnered with experts from TiPJAR®, UKHospitality and The Tronc Advisor to answer your pressing questions on how this will impact the hospitality sector. Key Steps to Prepare: 1. Understand the Legislation - Know your obligations as an employer. 2. Develop Your Policy - Ensure transparency for all team members, including agency staff. 3. Prepare for Implementation - Get ready for compliance before 1st October 2024 📄 Download our Q&A Sheet for more insights from industry experts: https://ow.ly/N55R50T2PXA #TipsLegislation #Hospitality #ServingHospitality #Compliance

On March 13, 2024, the EU legislators reached a provisional agreement on the content of the regulation prohibiting products made with forced labor. This piece of legislation is part of a series of proposed directives addressing human rights in supply chains as part of recent European #ESG efforts. Read more by Crowell's Vassilis Akritidis, @avid Stepp, Jean Baptiste Blancardi, Pierfilippo Natta, and Carolyn Krampitz: