Polygraph test Archives

Racial harassment condemned: Employer vicariously liable

by GilesFiles | May 5, 2025 | 2020 onwards, Appeals - leave, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Courts, Declaratory, Delict, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Mining, Orders, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Threatening fellow employees: Reliance on polygraph test?

by GilesFiles | Apr 23, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Motor industry, Orders, Parties, Polygraph test, Private enterprises, Protect not punish, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Harassment and vicarious liability: Claim not proved

by GilesFiles | Jun 5, 2023 | 2020 onwards, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, EEA Chpt VI 53-65, Employ Equity (LRL 12), Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MPN Nkutha-Nkontwana, Non-profit organisations, Orders, Parties, Personal services, Polygraph test, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Vicarious liability | 0 |

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Performance standards contravened: Hearsay evidence

by GilesFiles | Apr 17, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Courts, Declaratory, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Management, Manufacturing, Orders, Parties, Performance, Polygraph test, Private enterprises, Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trust relationship destroyed: Reason valid and fair

by GilesFiles | Mar 6, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Hearing procedure, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Polygraph test, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 onwards, Compensation, Conduct & capacity, Courts, Edwin Tlhotlhalemaje, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Objective - correctness, Parties, Polygraph test, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Dismissal: Invalid irrational reason

by GilesFiles | Aug 27, 2015 | 2015, Labour Appeal Court, LP Tlaletsi, Polygraph test, Review tests, Statutes (LRL 2)-work, Words & phrases | 1 |

Gemalto SA (Pty) Ltd v Ceppwawu obo Louw (JA 54/14) [2015] ZALAC 36; [2015] 11 BLLR 1100 (LAC) (27 August 2015) per Tlaletsi DJP [Landman and Sutherland JJA concurring] The Labour Appeal Court disallowed the employer’s appeal...

Considering polygraph test: Condition of employment?

by GilesFiles | Apr 22, 2015 | 2015, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Courts, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Polygraph test, Review tests, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Words & phrases | 0 |

Colven Associates George CC v CCMA (PR49/2012) [2015] ZALCPE 26 (22 April 2015) per A van Niekerk J. The Labour Court upheld the reason for a dismissal as being valid and fair after reviewing and setting aside an award. The...

Polygraph test disputed: Expert evidence required?

by GilesFiles | May 13, 2014 | 2014 and earlier, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Polygraph test, Private enterprises, Review tests, Risks, Roland Sutherland, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

DHL Supply Chain (Pty) Ltd v De Beer NO Does a failed polygraph test which is disputed really produce any usable information that is reliable? “[30] These considerations beg the question about what a failed polygraph test...

Polygraph test: Expert evidence required

by GilesFiles | May 13, 2014 | 2014 and earlier, Conduct & capacity, Courts, Disciplinary action, Evidence & onus, Judges, Labour Appeal Court, LAC judges, Legal Practice, Polygraph test, Review tests, Roland Sutherland, Termination (LRL 8), Trust & confidence | 1 |

DHL Supply Chain (Pty) Ltd v NBCRFI (DA4/2013) [2014] ZALAC 15; [2014] 9 BLLR 860; (2014) 35 ILJ 2379 (LAC) (13 May 2014) per Sutherland AJA [Ndlovu JA and Molemela AJA concurring] Appeal disallowed with costs. LAC Summary:...

Derivative misconduct examined: Fair reason to dismiss

by GilesFiles | Jun 1, 2010 | 2014 and earlier, Appeals, Awards -s145 see also Sidumo, Causes and defences, Courts, Dennis Davis, Derivative action, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Polygraph test, Review tests, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Num obo Besent v Grogan NO (RSA Geological Services, division of De Beers Consolidated Mines Ltd) (JA30/08) [2010] ZALAC 12 [2010] JOL 25713 (LAC) (1 June 2010) per McCall AJA [Davis JA and Hendricks AJA concurring] The Labour...

Category: Polygraph test