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Disciplinary enquiry question

Posted: Fri Jul 12, 2024 9:24 am
by 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?

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 9:31 am
by Chilli2
troglodiet wrote: Fri Jul 12, 2024 9:24 am 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.

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 9:49 am
by troglodiet
Chilli2 wrote: Fri Jul 12, 2024 9:31 am
troglodiet wrote: Fri Jul 12, 2024 9:24 am 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?

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 10:14 am
by 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?

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 10:57 am
by troglodiet
Paddington Bear wrote: Fri Jul 12, 2024 10:14 am 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.

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 11:43 am
by LoveOfTheGame
troglodiet wrote: Fri Jul 12, 2024 10:57 am
Paddington Bear wrote: Fri Jul 12, 2024 10:14 am 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?

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 1:10 pm
by troglodiet
LoveOfTheGame wrote: Fri Jul 12, 2024 11:43 am
troglodiet wrote: Fri Jul 12, 2024 10:57 am
Paddington Bear wrote: Fri Jul 12, 2024 10:14 am 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.

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 1:44 pm
by LoveOfTheGame
troglodiet wrote: Fri Jul 12, 2024 1:10 pm
LoveOfTheGame wrote: Fri Jul 12, 2024 11:43 am
troglodiet wrote: Fri Jul 12, 2024 10:57 am

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.

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 7:54 pm
by 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.

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 9:19 pm
by Jethro
Enzedder wrote: Fri Jul 12, 2024 7:54 pm 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 :shh:

Re: Disciplinary enquiry question

Posted: Fri Jul 12, 2024 10:33 pm
by Enzedder
Jethro wrote: Fri Jul 12, 2024 9:19 pm
Enzedder wrote: Fri Jul 12, 2024 7:54 pm 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 :shh:
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.