Misconduct & Dishonesty

Must I tape record hearings?

This is another of the by-products of excessive proceduralism. You do not have to do it, and indeed, there are many reasons why you should not. You also do you need verbatim minutes.

If you must get involved in recordings, contract out to DGG, Sony Music, or EMI. They are all in the recording business, and can do a better job of it. You might even get lucky and be able to sell the CD’s of your hearings to the ex-employee and his family, and at the end of the year do a ‘best of’ album.

Why did we ever get involved in this? Once again, it is because of a fundamental ignorance of the laws of evidence on the part of management, or their HR people. It is the same kind of ignorance and lack of common sense which wants employee to sign for everything, and has lead to the situation where employees refuse to sign anything.

If you wish to record hearings there is nothing to stop you, but it does add significantly to the cost, you are going to have to transcripts typed if you want to use them at a later date, and invariably the recording are of bad quality, and are inaudible at the vital spots. Witnesses, who were present at the hearing, and who can testify as to what took place, are much more useful than a tape - and much more credible too. But, if you want to record hearings, do so, but have a copy made to give to the employee. Either way, he is going to allege you falsified the recording, put incriminating bits in and removed the evidence which proves he was innocent, He will then look at you smugly, in the belief that if you cant disprove his allegation it must be true.

Don’t go there in the first place!