IS CHARACTER EVIDENCE LEGALLY ACCEPTABLE?

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    Ivan Israelstam
    Spectator

    In the case of Nkonyane vs Mpumalanga Department of Education (Lex Info 22 September 2026. Labour Appeal Court case no: A2025-178960) the Court found in favour of the employer’s dismissal of the employee who had been fired for sexually harassing three learners at the school where he worked.
    The arbitrator had found that the employee’s dismissal had been unfair. The LAC upheld the Labour Court’s review of that award partially because the arbitrator had given too much weight to the character of the employee in deciding that it was unlikely that he would have abused the learners.
    The question is, ought the arbitrator to have taken any character evidence into account in reaching a verdict on the employee’s guilt or innocence? That is, wouldn’t taking any character evidence whatsoever into account in a verdict decision be reviewable?

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