Occasionally both the CCMA and the Labour Court are required to address the admissibility of evidence garnered by an employer against an employee during an undercover operation. This typically takes the form of taped telephone conversations, audio evidence and the like evolves subsequent to a trap having been laid by the employer.

“It seems that provided the courts are satisfied that the use of entrapment is properly scrutinised and the admissibility of evidence obtained as a result thereof carefully regulated, then courts tend to recognise that there are circumstances in which the pursuit of justice generally would be impeded if the evidence obtained from a trapping situation were excluded”.

For further information on the Employment Equity Act any labour related matters, you can contact
Bernard Reisner:

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za