Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

While a polygraph examination alone cannot conclusively determine employee misconduct, it can serve as corroborative evidence among other factors. But what happens when an employee refuses to undergo a polygraph test?

In the recent decision of CCD Couriers v Numsa obo Butani Fredy Maseko, the Labour Court deliberated on the fairness of an employee dismissal for refusing to undergo a polygraph examination. This was based on whether he was required to do so in terms of his employment contract, and in terms of the employer's policies.

In this case, the employer had discovered that a new set of tyres which had been fitted to one of its vehicles had been replaced with old, worn-out and mismatched tyres. The employer launched an investigation into the matter which included requesting employees to undergo polygraph examination. The employee's employment contract included a clause in which he agreed to undergo polygraph examination, failing which his refusal would