Good evening

I was previously relatively active on this forum, however we have been absorbed by a substantial  law firm and therefore not sanctioned by the law firm to give advise, this article... is rather intended as an opinion and provide my point of view in this subject that does not serve as sound legal advise.

I do not agree with Labour protect in that " the employer" is undergoing polygraph testing to ascertain guilt of the employees/employee, this in concept alone, if in fact true, is most definitively an infringement of any employee's constitutional right/s, AND. although common practices, does not make the action of the employer legal and/or just and fair, let me explain as follows:

1. any person has the right to fair labour practices;

2. Any person has the right not to incriminate himself/herself;

3. any person has the right to privacy.

An employer has the right to conduct an investigation, whether formal and/or informal should the employer content that a crime (in this instance theft) has occurred, however, such investigation may not infringe the rights of an employee (listed above) therefore, the right to investigate does not mean the right to incriminate and/or accuse randomly and/or invade privacy of an employee;

You may ask how this occur and it is relatively simple, once an employer subject an employee to polygraph testing does this mean that the employer must have a reasonable suspicion of the employee committed the, or, an offence,therefore, indirectly accuse the employee of the offence, once the employee has been accused of an offence directly and/or indirectly does the employee have rights (subject for another time), the common perception that "if I do not take the polygraph test will it proof that I am guilty" is a misconstruction of the the actual facts and law, meaning, that this argument "turn the fundamental principle in law up side down" been innocent until proven guilty, by the later argument of the employer and/or employee does it in fact mean that the employee must now proof his/her innocence by subjecting to a humiliating polygraph test with out and reasonable prospects of success in prosecuting said employee before time, this is most definitively an infringement of the constitutional right/s of said employee.

Example: you are in a store buying milk, a robber came into the store and robed the cashier of money, the cashier telephoned the police and the police arrest all persons inside of the store because they might have something to do with the crime, obviously this is incorrect and can not happen, however, this is the same scenario that a polygraph test present in the workplace, the employers argument " I did not accuse him/her I tested all employees" is therefore incorrect and against the constitution of South Africa, in essence the employer is saying " I arrested all people in the store but did not accuse them and/or suspect them of a crime", them why the arrest/polygraph testing?

You have no obligation on yourself to be subjected to a polygraph test and no one may force you and/or take any action against you if you refused to take a polygraph test. you must be accused of this crime (in which all 4 elements of theft must be present to proof your guilt) and must be afforded a reasonable opportunity to state your case, if you are accused of the crime because you refused to take the polygraph test is the (1) charge unlawful against you - you must proof your innocence after been found guilty before a hearing could be held in this regard 92) an infringement of your constitutional right (3) an unsubstantiated charge with no prospects of success.

The stigma that accompany polygraph testing is that that the employee is to afraid not to take the test out of fair of being accused of the crime, whereas in fact the polygraph test is illegally imposed on the employee in an attempt to fish for the guilty party. and whereas the employer attempt to justify this action by saying "every body is doing this this is common practice" the employer in actual fact force it down on employees and use the later argument to "get away with it" is wrong and the common principle not sound and/or acceptable in law, therefore, illegal," because everybody is doing it" does not mean that it makes it legal.

DO NOT BECOME A VICTIM of the employers actions, you do not have to take a polygraph test.

regards