Disciplinary enquiry question

[troglodiet]

I'm currently representing a colleague in a disciplinary case against him. Total BS charge, and they couldn't have fucked up more procedurally if they tried. I've ripped their whole case apart, but want to give them a final fuck-you blow.

During cross-examination of their key witness, he started to appear aggressive (he has major anger issues), then said to the prosecutor (branch manager) that he "no longer wants to be part of this".

I don't think the chairman heard it, but it is on the voice recording.

Would I be correct to ask that all his testimony be declared nil and void, and must be ignored when the chairperson considers the verdict?

[Chilli2]

I'm currently representing a colleague in a disciplinary case against him. Total BS charge, and they couldn't have fucked up more procedurally if they tried. I've ripped their whole case apart, but want to give them a final fuck-you blow.

During cross-examination of their key witness, he started to appear aggressive (he has major anger issues), then said to the prosecutor (branch manager) that he "no longer wants to be part of this".

I don't think the chairman heard it, but it is on the voice recording.

Would I be correct to ask that all his testimony be declared nil and void, and must be ignored when the chairperson considers the verdict?

No.
Not unless he specifically says that he does not want to be a witness and withdraws himself from the hearing.

[troglodiet]

I'm currently representing a colleague in a disciplinary case against him. Total BS charge, and they couldn't have fucked up more procedurally if they tried. I've ripped their whole case apart, but want to give them a final fuck-you blow.

During cross-examination of their key witness, he started to appear aggressive (he has major anger issues), then said to the prosecutor (branch manager) that he "no longer wants to be part of this".

I don't think the chairman heard it, but it is on the voice recording.

Would I be correct to ask that all his testimony be declared nil and void, and must be ignored when the chairperson considers the verdict?

No.
Not unless he specifically says that he does not want to be a witness and withdraws himself from the hearing.

Doesn't his words "Mr Prosecutor, I no longer want to be part of this" mean just that?

This is actually the question: do those two sentences mean the same thing?

[Paddington Bear]

No. It’s already been admitted for a start.

That said it sounds like you blew him away anyway. Their key witness being made to look unreliable and dumb is surely a positive?

[troglodiet]

No. It’s already been admitted for a start.

That said it sounds like you blew him away anyway. Their key witness being made to look unreliable and dumb is surely a positive?

Oh it's definitely a huge positive. I was literally playing with them at one stage.

I've got a death hammer to their case which I will present on Monday. They made the biggest rookie mistake I've ever seen, and that doesn't say anything about my capabilities, but only their lack thereof

I was going for an extra fuck you to them for putting this kid through unnecessary hell.

[LoveOfTheGame]

No. It’s already been admitted for a start.

That said it sounds like you blew him away anyway. Their key witness being made to look unreliable and dumb is surely a positive?

Oh it's definitely a huge positive. I was literally playing with them at one stage.

I've got a death hammer to their case which I will present on Monday. They made the biggest rookie mistake I've ever seen, and that doesn't say anything about my capabilities, but only their lack thereof

I was going for an extra fuck you to them for putting this kid through unnecessary hell.

Who is chairing the disciplinary hearing? What is his/her position?

[troglodiet]

No. It’s already been admitted for a start.

That said it sounds like you blew him away anyway. Their key witness being made to look unreliable and dumb is surely a positive?

Oh it's definitely a huge positive. I was literally playing with them at one stage.

I've got a death hammer to their case which I will present on Monday. They made the biggest rookie mistake I've ever seen, and that doesn't say anything about my capabilities, but only their lack thereof

I was going for an extra fuck you to them for putting this kid through unnecessary hell.

Who is chairing the disciplinary hearing? What is his/her position?

The chairman is from one of those consulting firms that chairs disciplinary hearings as part of their services.

I'm well aware that companies will contact these firms and tell them beforehand what outcome they want. But you need a special type of stupid to still fuck it up.

I actually have come across this chairman a couple of times when I was still a shop steward for Solidarity, and he's been one of the most fair ones I've seen. Probably the most fair one imo. But admittedly that bar is set very low. It's a bit like being the least corrupt politician, or most honest lawyer.

The company was started by a well known, much liked person in the industry. But his health started to deteriorate and from January his son took over the day to day runnings. Very intelligent, mechanical engineer studied at Wits, then M.I.T. But zero experience.

[LoveOfTheGame]

Oh it's definitely a huge positive. I was literally playing with them at one stage.

I've got a death hammer to their case which I will present on Monday. They made the biggest rookie mistake I've ever seen, and that doesn't say anything about my capabilities, but only their lack thereof

I was going for an extra fuck you to them for putting this kid through unnecessary hell.

Who is chairing the disciplinary hearing? What is his/her position?

The chairman is from one of those consulting firms that chairs disciplinary hearings as part of their services.

I'm well aware that companies will contact these firms and tell them beforehand what outcome they want. But you need a special type of stupid to still fuck it up.

I actually have come across this chairman a couple of times when I was still a shop steward for Solidarity, and he's been one of the most fair ones I've seen. Probably the most fair one imo. But admittedly that bar is set very low. It's a bit like being the least corrupt politician, or most honest lawyer.

The company was started by a well known, much liked person in the industry. But his health started to deteriorate and from January his son took over the day to day runnings. Very intelligent, mechanical engineer studied at Wits, then M.I.T. But zero experience.

Yup, speaking from firsthand experience, whenever companies outsource they do get considerable inside knowledge on how proceedings are going. But with your background in being a shop steward it sounds like you have them on the ropes. Good luck Trogs, hope all goes well for your colleague.

[Enzedder]

Straight between the big toes Trogs - with force. Lets us know how it ends up.

Been on a couple of these but bosses ignored all of our discussion. On appeal, we won settlements both times but told them to stick the reinstatement as the workers had found far better roles.

[Jethro]

Straight between the big toes Trogs - with force. Lets us know how it ends up.

Been on a couple of these but bosses ignored all of our discussion. On appeal, we won settlements both times but told them to stick the reinstatement as the workers had found far better roles.

And Enz mana goes up quite a few notches. Ex-Union official back in the day

[Enzedder]

Straight between the big toes Trogs - with force. Lets us know how it ends up.

Been on a couple of these but bosses ignored all of our discussion. On appeal, we won settlements both times but told them to stick the reinstatement as the workers had found far better roles.

And Enz mana goes up quite a few notches. Ex-Union official back in the day

Did that for close to 20 years as a union rep. Just ended up with a big target on my back from butt-hurt bosses though.