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A polygraph test, commonly known as a "Lie Detector Test," is a scientific method used to assess a person’s truthfulness. It measures physiological responses such as breathing, heart rate, and perspiration to help determine whether the information provided is accurate and truthful.
In South Africa, polygraph testing is still a relatively new practice, particularly in employment disputes. At present, there is no specific labour legislation regulating its use or safeguarding employees’ rights against potential misuse.
Polygraph results are strictly confidential and may only be released to authorised parties. Typically, this includes the individual who took the test, a person formally designated by them in writing, and the employer or government agency that requested the examination.
Generally, employers are permitted to use the polygraph to investigate specific incidents where:
· Employees had access to property which is the subject of the investigation.
· There is a reasonable suspicion that the employee was involved.
· 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 identity of the people involved.
Polygraphists have been accepted as expert witnesses whose evidence needs to be tested for reliability. The duty of the commissioner is to determine the admissibility and reliability of the evidence. Polygraph tests indicate whether or not the subject has answered the questions truthfully but are not regarded as being 100% accurate. They may not be interpreted as implying guilt but may be used to support other available evidence that suggests that the employee concerned did indeed commit the alleged misconduct. In other words, polygraph test results, on their own, are not a basis for proving that someone committed an act or omission as alleged by the employer, but may be used as a factor in determining the probabilities.