Can an employee refuse to take a polygraph test in South Africa?
No employee can be compelled to undergo a polygraph test – that would be contrary to the Constitution of the Republic of South Africa. Employees must first give their written consent before they may be subjected to polygraph testing.
How much is a polygraph test in South Africa?
A general lie detector test costs upwards of R700. However, a private test around relationship issues can cost about R2 000.
Is polygraph testing legal?
While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we’ll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.
Can you be fired for failing a polygraph test in South Africa?
No, it does not, however there are some strict rules relating to polygraph tests that need to be adhered to, unless the employer wants the test to be found unreliable, unfairly applied and useless in the CCMA or the Labour Court! Firstly, the employer cannot force any employee to submit to such a test.
Can polygraph be used at CCMA?
A polygraph test can be used as supporting and/or aggravating evidence at the CCMA where there is other evidence that an employee has committed the alleged misconduct, a polygraph test result can, therefore, be used to corroborate the employer’s version in linking the employee to the said misconduct.
Can employer force polygraph?
Firstly, the employer cannot force any employee to submit to such a test. Refusal to do so does not indicate guilt and is also not necessarily grounds for dismissal. Preferably, the employer should obtain written consent. Secondly, the employer should agree with the Polygraphists on the questions to be asked.
How valid is a polygraph test?
The American Polygraph Association, which sets standards for testing, says that polygraphs are “highly accurate,” citing an accuracy rate above 90 percent when done properly. Critics, however, say the tests are correct only 70 percent of the time.
Can you refuse a polygraph test at work?
Can an employee refuse a polygraph test?
Are polygraph tests constitutional?
In one of the leading cases, it was held that the courts cannot direct the prosecution to hold Narco – analysis test, brain mapping and lie detector tests. These tests cannot be taken against the will of the person who is an accused in any case as it is highly violative of Article – 20 (3) of the constitution of India.
Are polygraphs 100% accurate?
There have been several reviews of polygraph accuracy. They suggest that polygraphs are accurate between 80% and 90% of the time. This means polygraphs are far from foolproof, but better than the average person’s ability to spot lies, which research suggests they can do around 55% of the time.
What is a polygraph test in South Africa?
It 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 this point to control the use of the test or to protect the employee’s right against the abuse of the test.
Is it illegal to perform a polygraph test in the workplace?
While it is not illegal to perform a polygraph test in the workplace it is not recommended as the first course of action when there is suspected misconduct in a company, and employers should be aware of the strict regulations that must be observed if they choose to pursue this form of investigation.
How accurate is the polygraph test?
He said that it is important to note that the polygraph test does not actually detect a lie, but rather the body’s psycho physiological response to certain questions. “As such, its accuracy is not always guaranteed.
Do polygraph tests meet the LRA’s requirements?
He added that to comply with the test of fairness required by the LRA, the Labour Court requires that a polygraph test must be shown to be: Unbiased against any employee or group.