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ARTICLE · 27 JULY 2023

Can You Dismiss An Employee For Failing A Polygraph Test?

Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, "Can an Employer dismiss an Employee solely for failing a polygraph test?

South AfricaLitigation, Mediation & Arbitration

Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, "Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?"

In answering these questions, it is essential to note that an Employee cannot be coerced or bullied into taking a polygraph test. The Employee must give written consent.

The following is also essential:

  1. The Employee must be informed that the test is entirely voluntary.
  2. Only questions that have been discussed prior to the test will be asked during it. The polygrapher is the only person who is permitted to ask the questions.

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