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As Covid-19 sees organisations adapting and moving towards virtual or remote working, Phetheni Nkuna and Faatimah Essack of Lawtons Africaexplore the ways in which the legal system has embraced this “new normal”.
There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right against the abuse of the test by an Employer seeking to dismiss or punish an Employee. Polygraphs can only be used when consent is freely given or permitted in the employment contract.
Is it enough that the commissioner dropped off to sleep during evidence to get your CCMA award reviewed?