is my employer allowed to dismiss me if i refuse lie detector
i would like to know if my employer is allowed to force me into an polygraph test due to hearsay?what would happen if i refuse to do the test?are they allowed to dismiss me and what do i do if they do dismiss me
Category: Labour and Employment, Disciplinary Actions
Region: South Africa, Western Cape
1 Answer
There is absolutely no legislation (law) that currently regulates the use of polygraph testing in South Africa. The Constitution protects the rights to bodily integrity and to compel an employee to undergo a polygraph testing would be countermand to this provision. To answer your question, it is not compulsory. You must give consent in writing. What would happen is that your employer can draw inference that you are guilty from your refusal. They cannot dismiss you strictly because you refused to undergo polygraph examination and if they do, it would amount to unfair dismissal. CCMA has jurisdiction.