The current dispute between the parties is the unanticipated consequence of the procedure adopted at the hearing. The grievor's attempt to introduce new evidence after the fact is obviously irregular. The employer claims that, if I do not intercede, it may find itself in a situation where it cannot test the grievor's new evidence through cross-examination. The employer is also concerned that the grievor may try to impugn the testimony of the employer's witnesses without a proper Browne v. Dunn warning giving the witnesses the appropriate opportunity to respond.
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