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Employer and employee hold an off the record meeting set up by the employer. During the meeting the employer promises to give the employee a promotion. Unbeknown to the employer the employee digitally records the meeting. The recording shows that it was an off the record meeting and that the employer promised to promote the employee. The employer later refuses to promote the employee arguing that the promise was made off the record. Can the employee successfully use the digital recording at the CCMA unfair labour practice arbitration?
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