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Polygraph testing in the South African workplace : the law and practice
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2015
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| _version_ | 1867613315240296448 |
|---|---|
| access_status_str | Open Access |
| author | Marks, Andhor Grey |
| author2 | Rycroft, Alan |
| author_browse | Marks, Andhor Grey Rycroft, Alan |
| author_facet | Rycroft, Alan Marks, Andhor Grey |
| author_sort | Marks, Andhor Grey |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15556 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:10.861Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15556 Polygraph testing in the South African workplace : the law and practice Marks, Andhor Grey Rycroft, Alan Dispute Resolution Includes bibliographical references 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. 2015-12-03T14:16:51Z 2015-12-03T14:16:51Z 2015 Master Thesis Masters MPhil http://hdl.handle.net/11427/15556 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Dispute Resolution Marks, Andhor Grey Polygraph testing in the South African workplace : the law and practice |
| thesis_degree_str | Master's |
| title | Polygraph testing in the South African workplace : the law and practice |
| title_full | Polygraph testing in the South African workplace : the law and practice |
| title_fullStr | Polygraph testing in the South African workplace : the law and practice |
| title_full_unstemmed | Polygraph testing in the South African workplace : the law and practice |
| title_short | Polygraph testing in the South African workplace : the law and practice |
| title_sort | polygraph testing in the south african workplace the law and practice |
| topic | Dispute Resolution |
| url | http://hdl.handle.net/11427/15556 |
| work_keys_str_mv | AT marksandhorgrey polygraphtestinginthesouthafricanworkplacethelawandpractice |