Polygraph testing is commonly used by South African employers to investigate workplace misconduct, screen prospective employees, and conduct routine integrity assessments. But a question many business owners face is: what happens if an employee refuses to take the test?
Can an Employee Be Forced to Take a Polygraph Test?
No. In South Africa, an employee cannot be compelled to undergo a polygraph examination. The Constitution of South Africa protects individuals from being forced to incriminate themselves, and any agreement to undergo testing must be in writing and voluntary.
This means that if you require polygraph testing as part of your employment or investigation process, written consent must be obtained from each employee before any test takes place. This is typically included in the employment contract.
Does Refusal to Take a Polygraph Indicate Guilt?
No. Refusal to submit to a polygraph test does not, by itself, constitute evidence of guilt or misconduct. The CCMA and Labour Court have consistently held that an employee's refusal cannot be used as the sole justification for disciplinary action.
However, an employee can be expected not to obstruct or hamper a legitimate workplace investigation. If the refusal forms part of a broader pattern of non-cooperation, this may be considered in context.
Can You Dismiss an Employee Based on Polygraph Results?
No — not on polygraph results alone. Even where an employee consents to and undergoes testing, the results cannot be the sole basis for a finding of guilt or a decision to dismiss. Polygraph results must always be supported by corroborating evidence.
The Labour Appeal Court has confirmed that polygraph results are inadmissible as the sole evidence in disciplinary proceedings. A dismissal based only on a failed polygraph test is likely to be found substantively unfair at the CCMA.
How Should Employers Use Polygraph Testing Correctly?
- Include a polygraph testing clause in all employment contracts for sensitive roles
- Always obtain written consent before conducting any test
- Use polygraph results as supporting evidence alongside other investigation findings
- Ensure the polygraphist is qualified and testifies at any subsequent hearing
- Never dismiss based on polygraph results alone
- Document everything thoroughly
Need Professional Polygraph Services?
NGWS conducts professional, lawful polygraph testing for South African businesses. Every test is conducted in full compliance with labour law and handled with complete discretion.