Polygraph testing in the South African workplace : the law and practice

 

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dc.contributor.advisor Rycroft, Alan en_ZA
dc.contributor.author Marks, Andhor Grey en_ZA
dc.date.accessioned 2015-12-03T14:16:51Z
dc.date.available 2015-12-03T14:16:51Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Marks, A. 2015. Polygraph testing in the South African workplace : the law and practice. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/15556
dc.description Includes bibliographical references en_ZA
dc.description.abstract The South African labour market is, after the enactment of the Constitution of the Republic of South Africa and Bill of Rights, faced with the enormous challenge of limitations placed in the workplace to the constitutional guarantees. The limitations referred to are specific to the extent to which some institutions restrict the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper will recommend and conclude the following: 1. Constitutional guarantees are sacrosanct as enshrined in Sections 8(2),10,12,14,23,25. 39 2. In the absence of SA legislation the common law has developed to the level where the jurisprudence have accepted polygraph testing as admissible when certain conditions are met inter alia: Polygrapher must be registered and qualified; the consent of the employee must be given before test are conducted; the test are used to corroborate evidence such as for example circumstantial evidence. 3. The South African Qualification Authority development of unit standards is an indication of the acceptance of Polygraph testing in the South African Labour Law sphere. 4. The private sectors in South Africa are utilizing these tests in the absence of policies and procedures in the workplace, hence the need for directives, policies and procedures to guide against the abuse or misuse. 5. That polygraph testing have developed to a level of sufficient acceptance in the workplace. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Dispute Resolution en_ZA
dc.title Polygraph testing in the South African workplace : the law and practice en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname MPhil en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Marks, A. G. (2015). <i>Polygraph testing in the South African workplace : the law and practice</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/15556 en_ZA
dc.identifier.chicagocitation Marks, Andhor Grey. <i>"Polygraph testing in the South African workplace : the law and practice."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/15556 en_ZA
dc.identifier.vancouvercitation Marks AG. Polygraph testing in the South African workplace : the law and practice. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15556 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Marks, Andhor Grey AB - The South African labour market is, after the enactment of the Constitution of the Republic of South Africa and Bill of Rights, faced with the enormous challenge of limitations placed in the workplace to the constitutional guarantees. The limitations referred to are specific to the extent to which some institutions restrict the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper will recommend and conclude the following: 1. Constitutional guarantees are sacrosanct as enshrined in Sections 8(2),10,12,14,23,25. 39 2. In the absence of SA legislation the common law has developed to the level where the jurisprudence have accepted polygraph testing as admissible when certain conditions are met inter alia: Polygrapher must be registered and qualified; the consent of the employee must be given before test are conducted; the test are used to corroborate evidence such as for example circumstantial evidence. 3. The South African Qualification Authority development of unit standards is an indication of the acceptance of Polygraph testing in the South African Labour Law sphere. 4. The private sectors in South Africa are utilizing these tests in the absence of policies and procedures in the workplace, hence the need for directives, policies and procedures to guide against the abuse or misuse. 5. That polygraph testing have developed to a level of sufficient acceptance in the workplace. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Polygraph testing in the South African workplace : the law and practice TI - Polygraph testing in the South African workplace : the law and practice UR - http://hdl.handle.net/11427/15556 ER - en_ZA


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