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



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and application of a polygraph test. Moreover what is measured and how the machine works.

In this dissertation I will illustrate how a polygraph test assists the employer to prove the misconduct and/or the failure of a polygraph test to prove on a balance of probabilities that a person is guilty. The issue will be raised and investigated whether a polygraph places the onus of disproving guilt on the employee and whether it proves guilt on the side of the employee. At the outset of this dissertation the purpose was to prove how the polygraph test can assist employers in providing evidence against employees who steal or commit fraud. It is believed that if we can prevent theft and fraud or even limit it that employers would be profitable for longer and therefore ensure that employees have job security and that we can combat the high unemployment rate in South Africa. It is acknowledged and accepted that employers are desperate to control workplace discipline and to keep losses due to theft and fraud to a minimum. It is therefore the opinion of some that should polygraph tests be valid and reliable, that it should be admitted as evidence. However, the more the issue of polygraph testing in the employment environment was researched, the more it became apparent tome that we should prevent employers from using the result of polygraph tests as evidence in labour tribunals.


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