POLYGRAPH (LIE DETECTOR) TESTS AT WORK

Statutory Council - Labour Court

We represent members of GIWUSA who were dismissed for refusing to subject themselves to polygraph tests at work.  We argue that these are psychological tests which are therefore prohibited under the Employment Equity Act.  The employer argues that the tests were not being used to dismiss the workers and are therefore allowed.

12 February 2018 – Workers were instructed by senior managers at Silveray Stationery Company to undergo polygraph examination.

12 and 13 February 2018 – The workers refused to submit to the tests and were charged with misconduct.

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6 March 2018 – Workers were dismissed for insubordination - in their contracts of employment, they had 'agreed' to submit to polygraph tests. 

11 April 2018 – GIWUSA, on behalf of the workers, referred a dispute to the Statutory Council for the Printing, Newspaper and Packaging Industry.

19 March 2018 – Workers attended conciliation and the dispute could not be resolved.

2018 to 2019 – The matter was heard at various intervals by the Statutory Council.

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15 April 2019 - Commissioner Mashaba in the Statutory Council gave an award stating that the workers had failed to comply with a reasonable instruction, had breached their employment contracts, and were fairly dismissed.

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28 May 2019 – CWAO filed a review application in the Labour Court

5 June 2019 – Silveray served notice of their intention to oppose the review application.

October to November 2019 - Further pleadings were exchanged.

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18 August 2020 - Directives issued by the Labour Court and CWAO filed heads of argument on behalf of GIWUSA.

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