A. Introduction of Evidence

1. Agreement on Evidence
   The parties may agree on the type of evidence and how it is to be presented to the Tribunal. This agreement must be approved by the Tribunal. In the absence of an agreement or if the Tribunal orders otherwise, evidence must be produced in the following circumstances:
   • Compliance with any disputed rule or order of the Tribunal.
   • Support for any originating or interlocutory application.
   • Application to be added to the Roster of Accredited Labour Arbitrators.
   • Application by a legal practitioner to withdraw from proceedings (confidential evidence).
   • Accompanying a Response or Reply.
   • Support for a legal practitioner’s excuse for non-attendance.
   • Evidence of payment of stamp duty for relevant documents.
   • Additional evidence filed with the Tribunal.
   • Proof of means in enforcement proceedings.
   • When summoned by the Tribunal to provide documents or oral evidence.
      

B. Types of Evidence

2. Main Types of Evidence
   • Documentary Evidence: Letters, contracts, audio/video recordings.
   • Oral Evidence: Witnesses testifying under oath.
   • Demonstrative Evidence: Illustrations or recreations of events.
   • Physical Evidence: Tangible objects such as clothing.
      

C. Documentary Evidence

3. Introduction of Documentary Evidence
   Documentary evidence must be presented through an affidavit or statutory declaration filed at least 14 days before the case management hearing.
    
4. Affidavit Explained
   An affidavit is a sworn, written statement signed by the deponent before an authorised official such as a Commissioner for Oaths, Notary Public, or the Secretary to the Tribunal.
    
5. Statutory Declaration Explained
   A statutory declaration is a written statement of fact, not under oath, signed before the same authorised officials.
    
6. Formatting Requirements
   Affidavits and statutory declarations must be typewritten in English, double-sided, using a 12 pt. font size in Times New Roman or a similar font.
    
7. Content of Affidavits and Statutory Declarations
   • Proper heading and caption, excluding Royal Arms.
   • Sequential numbering for each affidavit or statutory declaration.
   • Clear, first-person statements with numbered paragraphs.
   • Reference to supporting documents as exhibits (e.g., “EXHIBIT A.B.-1”).
   • Statement of truth for affidavits and declaration of belief for statutory declarations.
   • Signature and date (jurat) by the deponent, witnessed by an authorised official.
      

Warning: It is a criminal offence to falsify material evidence.
 

8. Challenging Evidence
   Any party may seek to strike out an affidavit or statutory declaration by filing an interlocutory application if the content is scandalous, irrelevant, or oppressive.
    
9. Acceptance of Affidavits as Evidence
   If not challenged, the affidavit or statutory declaration serves as examination-in-chief, subject to cross-examination.
    

D. Disclosure of Documents

10. Obligation to Disclose Documents
    All parties must disclose relevant documents, excluding privileged documents.
     
11. List of Documents
    All referenced documents must be included in a List of Documents when filing any affidavit or statutory declaration. Documents not listed cannot be relied upon at trial.
     
12. Notice to Prove
    Other parties may file a Notice to Prove requiring the authenticity of documents to be established at trial.
     
13. Purpose of List of Documents
    To inform other parties of the relevant documents in the disclosing party’s possession or available from third parties.
     
14. Organising the List of Documents
    Documents should be listed in chronological order or grouped as a bundle if numerous.
     
15. Description of Documents
    Descriptions should be clear and indicate whether the documents are originals or copies.
     
16. Inspection of Documents
    Parties may inspect disclosed documents by filing a Notice to Inspect.

Warning: It is a criminal offence not to comply with a Notice to Inspect.

17. Request for Additional Information
    Parties may file a Request for Additional Information, which must be responded to within 7 days.
     
18. Non-Publication of Evidence
    Publishing any report of evidence contained in affidavits or declarations is prohibited.
     
19. Stamp Duty
    Documents requiring stamp duty are inadmissible until proof of payment is provided.
     

E. Oral Evidence

20. Sworn and Affirmed Statements
    Witnesses may take an oath or make an affirmation before the Secretary to the Tribunal.
     
21. Administration of Oaths
    The Secretary will offer options for oaths based on religious preference or affirmation.
     
22. Cross-Examination
    After examination-in-chief, opposing parties may cross-examine witnesses.
     

F. Demonstrative Evidence

23. Application for Demonstrative Evidence
    Parties must file an interlocutory application to conduct demonstrations, including site visits.
     
24. Costs of Demonstration
    The requesting party bears the costs unless otherwise ordered by the Tribunal.
     

G. Physical Evidence

25. Introducing Physical Evidence
    Permission must be obtained to show pre-marked evidence at the hearing.
     
26. Laying the Foundation
    The party introducing physical evidence must establish its authenticity.

Warning: Tampering with evidence is a criminal offence.

This comprehensive guide provides clarity on the procedures and requirements for presenting evidence before the Tribunal. Parties must adhere strictly to these guidelines to ensure fair and effective proceedings.