Information for Employers:

All Polygraph examinations are conducted voluntarily and employers should not base any adverse personnel action on Polygraph issues alone. The Polygraph is designed as an “investigative tool” and should only be used supplementary to your investigation.

We advise the employer to document the information used to support the employee’s notice of a request to participate in the examination and a statement of his consent on a company letterhead. Always consult a labour relations expert to insure that you have suitably met all the standards and procedures to be followed.

You can download the following forms and adjust them according to your specific requirements:

NOTICE FORM

CONSENT FORM

Polygraph tests may not be interpreted as implying guilt but may be regarded as an aggravating factor especially where there is other evidence of misconduct. In other words on their own polygraph results are not a basis for a finding of guilt. It can only be used in support of other evidence.

When is the employer permitted to use the polygraph?

The following information is provided by the Commission for Conciliation, Mediation and Arbitration (CCMA).

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.

However, the Polygraph may be used under any of the following circumstances:

• When the employee had access to the property which is the subject of the investigation
• There is a reasonable doubt that the employee was involved in the incident
• There has been economic loss or injury to the employer’s business for example 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 dishonesty regarding the identity of the people involved.

It is against the Constitution of South Africa to compel a person to undergo a polygraph examination, unless that person consents to it. The consent must be in writing.

The individual should be informed that:

• the examinations are voluntary
• only questions discussed prior to the examination will be used
• he/she has a right to have an interpreter, if necessary
• should he/she prefer, another person may be present during the examination, provided that person does not interfere in any way with the proceedings

For more information contact the CCMA operations and information department on Tel number: 0861 161616

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