An employee who had a disciplinary hearing and was recommended for a final warning, appealed. He did not come to the scheduled appeal hearing because he said he is feeling sick and goes to the doctor. However we got a CCMA form faxed the same morning that he wants the final warning removed (unfair labour practice and disciplinary action). A labour practicioner which he appointed wrote a letter that we have victimised him after his review in June and that we are working towards constructive dismissal.
However we found out via the employee's private email messages, which are stored on the company's laptop, that he applied for a job already in April, which was 2 months before his review, which was not very favourable for him.
Can we use these emails as proof that he anyway wanted to leave and that he is now using victimisation and contructive dismissal only to let us look bad at the CCMA hearing?