During a disciplinary hearing procedure; employees are either guilty or not guilty per the lesser burden of proof known as proof on the balance of probabilities. Typically, direct evidence (eg eye witness accounts) are utilised to prove guilty in a disciplinary hearing.
However, on occasion, in the absence of such direct evidence, so-called circumstantial evidence may be sufficient to prove guilt. It is apparent therefore that direct witnesses are not always necessary when seeking to prove guilt in a disciplinary hearing.
Circumstantial evidence may, alone be quite sufficient to prove that an employee is guilty of an act of misconduct. It follows though that so-called plausible inferences may only be drawn from other facts which have been established and that there is good reason, on the balance of probabilities, to select one inference over another. A chain of events must be shown to lead to a plausible inference that the employee is guilty.
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