Can you be fired if you say no to a polygraph test at work?

John Maytham interviews Fritz Malan, Executive at ENS in the Employment practice. 

Listen below.

Although a polygraph alone can't definitively prove misconduct, it can support other evidence. 

But what if an employee declines to take one?

In a recent ruling in the case of CCD Couriers versus Numsa on behalf of Butani Fredy Maseko, the Labour Court assessed the fairness of an employee's dismissal for refusing to undergo a polygraph test.

The employer uncovered a discrepancy where a new set of tyres installed on one of its vehicles had been swapped for old, worn-out, and mismatched ones.

As part of its investigation, the employer requested employees to submit to polygraph examinations.

The employee's employment agreement contained a provision stipulating his agreement to undergo polygraph testing.

The Court found the refusal violated company policy, despite warnings and explanations given to the employee.

Malan emphasises that this ruling doesn't give employers free rein to arbitrarily demand polygraph tests from their employees.

He clarifies that, under normal circumstances without a contractual agreement, refusing a test isn't an issue.

However, in this specific case, the contractual obligation bolstered the employer's position.

"It doesn't mean necessarily that employers can now willy-nilly demand that employers must undergo polygraph tests without good reason."

- Fritz Malan, Executive – ENS

"Polygraph tests are not considered to be stand alone reliable evidence."

- Fritz Malan, Executive – ENS

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