An employee, Mr Khumalo, is accused of stealing company property and is dismissed by his employer, Matrix
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An employee, Mr Khumalo, is accused of stealing company property and is dismissed by his employer, Matrix Ltd, after a disciplinary hearing. Mr. Khumalo challenged his dismissal at the CCMA, claiming that he was not guilty of theft and that his dismissal was unfair. At the arbitration, Matrix Ltd presented evidence to prove that Mr Khumalo was seen on CCTV cameras taking a laptop from the storeroom and putting it in his car. They also present a witness, Mr Mokoena, who is a security guard at the company, who testifies that he saw Mr Khumalo leaving the premises with the laptop. Mr Khumalo denies stealing the laptop and argues that he was authorized to use it for work purposes. He also challenges the credibility of the evidence presented by Matrix Ltd, claiming that the CCTV footage is unclear and that Mr Mokoena is biased against him. The arbitrator has to decide whether Matrix Ltd has proved on a balance of probabilities that Mr Khumalo committed theft and whether his dismissal was substantively fair. Discuss with reference to legislation and case law how the arbitrator has to apply the law of evidence, which requires him to consider the relevance, admissibility, weight and reliability of the evidence presented by both parties.
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