shootist wrote:Scienke wrote:The issue with setting out the issues relating to the lies on the recording is that they will immediately ask me to prove that my managers lied.
do you ask a barber if your hair needs cutting. State your case and prove it at the tribunal.Scienke wrote:I would love nothing more than to get my managers in court, see them lie on oath and then be able to pull out my recordings proving they have lied. But from the little I know about civil law (perhaps criminal law too?) evidence you intend to use in court must be disclosed prior to court proceedings.
You are not going to use your tape at court necessarily, but if you lose it becomes insurance for an appeal. It becomes of value only when you can prove the lie. If the other side presents a written pre-hearing statement, signed by the managers in question, that you can definitively contradict with the recording then perhaps that would be the time to expose the lie. I don't know how much such statements are obliged to contain, it may be a summary in which case I suspect you would achieve little. In a criminal case you would need something like a statement signed by one or more of the managers which you can disprove to the extent that it could only be a lie.
Consider, expose what you call a lie beforehand. Could the other side present it as a miss-recollection of the facts and was therefore not a lie but a mistake? That is but one possible get out for them. You need to be in a position where you can prove that what management said could only be a lie before revealing the recording. Fail and your recording will prove only that you breached trust.
Fair points above about making sure they tell the lie before I decide to prove it so they can't claim to have made a mistake. But when you say:
It would be an added bonus to be able to prove that my managers committed perjury but my fear would be that having withheld this evidence throughout the tribunal - only to then disclose it at an appeal stage - might end up making me look like I'm abusing the courts time. My thinking at the moment is that disclosing a covert recording to an employer may be a mistake but if you end up in court then you should lay it all out prior to the hearing and ask them to settle or to let the judge decide.You are not going to use your tape at court necessarily, but if you lose it becomes insurance for an appeal.