Employment
Employers use polygraph screening to select candidates or
in disciplinary matters.
- CV and Qualification Validation
- Employment Screening
- Pre-Employment Assessment
- Integrity Tests
- Drugs/Alcohol Abuse
Polygraph Testing and the CCMA
Generally, 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 like 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 the true identity of the people involved.
Polygraph testing has been widely accepted by the Labour Court and the CCMA.
The sole reliance by the employer on unspecific polygraph results is insufficient to discharge the onus in terms of section 192 of the Labour Relations Act 66 of 1995 to prove that the dismissal was fair. To discharge this onus, the test of a balance of probabilities is used.