POLYGRAPH TESTING
Employers are often faced with misconduct or criminal
activities in the work environment without knowing exactly
where, how and by whom it is committed. We often want resort
to Polygraph testing, but we are not sure what to do or
whether it is worth doing.
Here is some information pertaining to Polygraph testing
which should help to clarify some issues around Polygraph
testing.
A Polygraph test is a test used to verify a person’s
truthfulness and is often called a “Lie Detector Test”.
Polygraph testing is a fairly new concept in South Africa,
especially in disputes relating to employment relationships.
There is no legislation at the moment to control the use
of the test or to protect the employee’s right against the
abuse of the test.
It is against the Constitution of South Africa to compel
a person to undergo a Polygraph test unless the person consents
to the test in writing.
The individual must be informed that:
- the examinations are voluntary;
- only questions discussed prior to the examination
will be used;
- the individual has a right to have an interpreter,
if necessary;
- should the individual prefer, another person may
be present during the examination, provided that person
does not interfere in any way with the proceedings;
- no abuse in whatever way will be allowed;
- no discrimination will be allowed;
- no threats will be allowed.
Employers are permitted to use Polygraph testing
to investigate specific incidents where:
- Employees had access to the property which is the
subject of the investigation;
- There is a reasonable suspicion that the employee
was involved in the incident;
- There has been economic loss or injury to the employer’s
business e.g. theft of company property;
- The employer is combating dishonesty in positions
of trust;
- The employer is combating serious alcohol, illegal
drugs or narcotics abuse and fraudulent behaviour within
the company;
- The employer is combating deliberate falsification
of documents and lies regarding true identity of the
people involved.
The CCMA will accept Polygraphists as expert witnesses
whose evidence needs to be tested for reliability. The Commissioner
needs to determine the admissibility and reliability of
the evidence.
A Polygraph test may not be interpreted as implying guilt
but may be regarded as an aggravating factor especially
where there is other evidence of misconduct. The results
of a Polygraph test on their own are not a basis for proving
guilt; it can only be used to support other evidence.
Contact Louise for any Human Resources or Industrial
Relations queries or problems.
Louise van Rensburg
LvR HR Consulting
Tel: 021 671-9364
Mobile: 082 378 2044
E-mail:
finops@telkomsa.net
Find us on Facebook
http://facebook.com/pages/Lvrhrconsulting
|