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al am constantly aware of the hazards of the Industrial Relations Act and reading some of the tribunal decisions in CM has highlighted a number of potential management problems. For example, if I dismiss an employee for what I consider to he misconduct and he takes the case to the tribunal probably months later — what might have appeared to be a strong case at the time could look very weak when presented verbally. Is there any way of ensuring that the evidence is properly presented?
AQuite apart from the fact that you should seek the assistance of an advocate to present your case you should also be able to deliver to him evidence of the occurrence. It is necessary to prove mis-conduct
at the tribunal, it is not sufficient to give a verbal account of what occurred. Cases fall down because the employer is unable to convince the tribunal that mis-conduct occurred.
It is now more than ever essential that employers keep a personal file for each employee. After the first case of mis-conduct the man should be verbally advised to mend his ways. Preferably in the presence of a third party, say for example, a shop steward or his foreman or chargehand and a full note of what occurred should be put on the man's personal file. Any subsequent mis-conduct should result in the man receiving a final warning in writing and a copy of that should be put on his personal file. If he is eventually dismissed then the evidence of the personal file and the corroboration of the third party will go a long way in assisting the tribunal to reach a fair decision.