Polygraph Testing: Are Employees Obligated To Undergo Testing?

A polygraph test is a test frequently used by Employers to verify an Employee's truthfulness and is commonly called a 'Lie Detector Test.' There is no specific labour 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, contracts of employment as well as internal disciplinary hearings may provide for the utilization of polygraph testing as part of the disciplinary hearing process or investigations prior to a disciplinary hearing.

Are Employees obligated to subject themselves to Polygraph Testing?

An Employee may not be compelled to undergo a polygraph examination, unless she or he agrees to it by way of a collective agreement with the Employee's union or the Employee's contract of employment or internal disciplinary code of the Employer which the Employee has agreed to abide by as part of their appointment and contract of employment. According to the Commission for Conciliation,