Witnesses at Hearings
A witness choosing to give evidence to the Court in an employment rights case (the Court does not hear witness evidence in industrial relations cases) must do so by way of sworn evidence. The witness will be asked to take a seat at the witness table in front of the bench.
Before taking their seat at the witness table, the Court Secretary will swear the witness in by administering either an oath or affirmation, whichever the witness chooses. The witness may choose to take an oath by holding in their hand a religious text of their choice and swearing to tell the truth. Alternatively, they may choose to make an affirmation, which is a formal declaration to tell the truth. In either case, the Court Secretary will provide the text to be read out by the witness in the presence of the Court Division.
By swearing an oath or making an affirmation, the witness is promising to tell the truth. Giving false evidence after doing so is a serious criminal offence punishable by way of imprisonment and/or fine.
The decision to call witnesses to give evidence is entirely a matter for the parties. The Court does not, of its own volition, decide to call witnesses. Nor does the Court elect or choose to hear from a witness whose evidence is proffered by a party.
The Court is sometimes informed at hearings, that a witness is present, should the Court wish to hear from them. However, it is not a matter of the Court opting to hear from any particular witness. Rather, it is the choice of the parties as to what, if any, witness evidence they wish the Court to hear to support that party’s position on disputed facts.
On the application of a party, the Court may, in particular circumstances, issue a witness summons to a person to compel their attendance, but the decision to call the witness remains that of the applicant party (please refer to Labour Court Rules No. 58 for details of the witness summons application process and criteria).
While the Court does not decide on what evidence is to be put before it and does not call witnesses, the Court must always be satisfied that the evidence of a prospective witness is necessary and relevant to disputed facts in issue before it. Where the Court is not so satisfied, then it will likely decide it is unnecessary to hear from such a witness or it may curtail the evidence of a witness to ensure it remains relevant and focused on disputed facts.
