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THIS IS BASED IN SOUTH AFRICAN LABOUR DISPUTE LAW
1. Answers must be typed in 1½
THIS IS BASED IN SOUTH AFRICAN LABOUR DISPUTE LAW
1. Answers must be typed in 1½ line spacing, using a normal 12 pitch font, such as Arial, Tahoma, or Times New Roman (no fancy or casual fonts, please). Pages must be numbered.
2. Use electronic footnoting to acknowledge your sources.
3. You may not use any AI tool to completing this assessment.
4. Marks may be deducted for failure to comply with any of the afore going instructions.
5. In answering the questions, you will be required to study the CCMA Evidence Manual that has been provided and to do your own research. The intention is not for you to simply copy and paste the content of resources on applicable sections, but to use the information to draft the answers in your own words.
. No marks will be awarded where the answer consists of a mere copy and paste from judgements, CCMA Manuals, articles or other resources. A direct quote from any resource MUST be followed up by your own interpretation of such and the relevance / application thereof to the question being asked.
BEWARE OF PLAGIARISM
If you copy from any source whatsoever, you must indicate this clearly by using quotation marks and you must acknowledge your source. If you paraphrase or précis someone else’s words, you must also acknowledge your source. Please note further that an answer that merely consists of extracts from your notes and/or the textbook – even where duly acknowledged – will earn you very few marks. You are expected to demonstrate your understanding of the subject by explaining the concepts in your own words as far as possible.
Note that all CCMA material used in writing up assignments must be referenced fully. Please note that all work must be fully referenced by the use of footnotes.
Question 1:
Carefully read the judgement in Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 and discuss the judgement in relation to the following:
3.1. Is an affidavit reliable and credible evidence that a commissioner must accept and admit during the arbitration. How should the commissioner deal with affidavits submitted into evidence? 10 marks
3.2. Polygraph testing is also referred to in the judgement. Is a polygraph test reliable and credible evidence that a commissioner must accept and admit during the arbitration. 10 marks
Question 2:
Study the judgement in SAMWU obo Machesa v Mangaung Metropolitan Municipality and Others (C 160/2021) [2023] ZALCCT 20 and answer the following question:
In your own words, explain how an arbitrator should go about assessing the evidence that was presented before him/her at the arbitration. In your answer demonstrate the interplay between assessing probabilities of different versions and the making of credibility findings by a commissioner. 15 marks
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