- 2011/09/25 -

Let’s assume that you underwent a polygraph test at work , and your employer dismissed you on the basis of the results of the test. Can you challenge your dismissal at the CCMA.   To begin with lets understand what a polygraph test is? Generally polygraph tests are used to determine the guilt of an employee during an investigation for misconduct. The results of a polygraph test do not prove the offence for which an employee may have been dismissed. At best it may simply corroborate other evidence that an employer may have that an employee is guilty of misconduct and is used during an employer’s investigation process.   But the real issue that needs to be determined is just how reliable are polygraph tests and the results that they produce.   Before we deal with South African law, let’s have a look at what other jurisdictions provide.  In the …

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