The use of polygraph tests and related evidentiary aspects in labour disputes name: daniel francisco calaca



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The polygraph instrument is used and will collect physiological data by measuring three systems in the body or physiological indicators of arousal. The first system or indicator is the rate and depth of respiration as measured by pneumographs that are strapped around the chest and the abdomen. Secondly cardiovascular activity is measured by a blood pressure cuff and the third being the test for perspiration byway of electrodes that are attached to the fingertips
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According to Colin Tredoux and Susan Pooley in their article The underlying theory of the polygraph is in the physiological detection of deception that when a person lies his or her physiological activity increases. They agree with many of the writers on polygraph testing that in order to detect deception, one must compare the rate of physiological activity at a point in time to the activity at another point in time. The theory as mentioned above together with the type of questions asked to the employee will be investigated in more detail in the following chapters as the polygraph machine and the polygraph test have been the subject matter of much controversy. There can be no doubt as to why the employment industry jumped at the opportunity of a test proving that their employees are lying or that it can be used as a means to prove guilt on the side of the employee. The employer it would seem is content with the moral, social and legal implications that are synonymous with the outcome of a polygraph test. Mr Trevor Manuel, the Minister of Finance, in his budget speech on the 11
th of February 2009 9
referred to the fact that fraud is rife in the country and that we as a country should guard against it. This dissertation will explore the South African labour arena and the challenges it faces. I will set out a technical background in the following chapters on the scope
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The measurement will be explained in depth in Chapter 2.
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Polygraph Based Testing of Deception and Truthfulness An evaluation and commentary
(2001) 22 ILJ 819 8
Chapter 2 explains the detail of polygraph testing and the procedures that apply to the test.
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http://www.treasury.gov.za


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