INTRODUCTION

NO Lies Polygraphs [PTY] LTD is one of South Africa’s leading forensic investigation and background-screening companies.  Our aim is to assist our clients, companies and individuals,  in their continuous efforts in ensuring profitability and sustainability. We provide excellent service in the field of polygraphs, whereby honesty, integrity and efficiency in the workplace are promoted, implemented and maintained.

With the prevalence of crime in the work place, as well as, issues such as sexual harassment, industrial sabotage and industrial espionage, being extremely high in South Africa, the use of the polygraph test is an invaluable tool to establish the truthfulness of an employee.

The number of businesses that use polygraph examinations, as part of the pre-employment screening process, are increasing daily.  Reason being that a formal criminal record check with the police, is not entirely an accurate determination of any previous involvement  in previous theft or fraudulent activities.

The case of Harmse v Rainbow Farms (1997): WE 1728 – Commission for Conciliation, Mediation and Arbitration of South Africa (CCMA) – set an important precedent in South African labor law.

Its finding allowed for businesses to use polygraph technology in the workplace in a responsible and sensible manner. There are rules that need to be adhered to regarding the use of polygraphs, including the stipulations of the Bill of Rights as contained in the Constitution, of which the most important rule is that an employee is not compelled to submit to a polygraph examination.

The examination must always be voluntary and questions regarding religion, sexual orientation, political affiliation and union membership are not allowed and the individual has the right not to self-incriminate. The main benefit of polygraph examination is that critical elements of information can be quickly confirmed or rejected. Cognizance should be taken of the fact that the result of a polygraph examination may not be regarded or used as the sole source of evidence. Therefore, if the polygraph result is supported by other probable evidence, it is generally accepted as evidence by the CCMA and bargaining councils. In this regard, a large number of decisions have been handed down by the CCMA and the Labor Court, where polygraph results have been accepted into evidence.

However, there have been instances where the presiding Commissioner has refused to allow polygraph evidence to be accepted. This may be regarded as irregular, and could be considered as grounds for review. It could be argued that using a polygraph in a working environment is a drastic measure to deal with disciplinary issues. However, if used correctly, the validity and reliability of the polygraph technique could be in excess of 98%.  For your benefit the following links to articles related to employee-theft have been included:

1. https://businesspracticalknowledge.wordpress.com/legal-security/employee-theft
2. http://www.bangkokpost.com/news/crime/469673/gold-van-heist-unravels-in-6-hours