Fired for Refusing a Polygraph Test: Court Upholds Compensation

On 29 September 2026 the South African news site IOL reported that the Labour Court in Johannesburg had upheld an award ordering a company to pay a former employee R105,900 in compensation. He had been dismissed for refusing to take a polygraph test. As a practitioner, I look at why the court sided with the worker and what an employer in Ukraine can take from it.

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What happened

The worker (the article gives only his initials) was an IT support technician at BCE Foodservice Equipment. On 12 February 2022 he was in a car accident. On 14 February he asked for leave to deal with his vehicle and the insurer. His manager refused. He did not come to work, saw a doctor the same day, had X-rays and was booked off for five days.

The timing made the employer suspicious. The appointment was made at about 3:15 pm, after he had been told his absence would be unauthorised and unpaid. The company suspected the sick note was only a way to avoid losing pay.

When he returned on 21 February, he was instructed to take a polygraph test. He refused: he saw no valid reason for it and did not consider the method scientifically supported. On 28 February he was dismissed for refusing the test and for breaching his contract.

The contract did contain such a clause: the company could require a polygraph test, and a refusal could be treated as failure to carry out a reasonable instruction, up to and including dismissal.

What the court decided

The case first went to labour arbitration (the CCMA), which found the dismissal unfair and awarded compensation. The company applied to have that award set aside, but the Labour Court (Acting Judge Van Voore) refused. Its reasoning, as IOL reports it:

• the employer never challenged the validity of the medical certificate; the suspicion rested only on the timing of the appointment;
• it was unclear what misconduct was being investigated and how a polygraph would have helped: the worker had in fact seen a doctor, and the doctor had in fact booked him off;
• so the instruction to take a polygraph test was not reasonable, and the refusal was not insubordination;
• the clause in the contract does not mean the employee must take a polygraph test whenever the company demands one.

How it works in Ukraine

In Ukraine the employer’s position is even weaker than in South Africa. There is no separate polygraph law. In a private company a test is possible only with the person’s voluntary written consent, and an employee cannot be dismissed for refusing: the list of grounds for dismissal in Article 40 of the Labour Code is exhaustive, and refusing a polygraph is not on it. A polygraph clause in an employment contract or company rules does not extend that list.

The rules are set out in detail in the article on polygraph law in Ukraine. This is not legal advice: documents for your company should be drafted by a lawyer.

What this means for an employer

• First define what exactly you are investigating. A polygraph answers a specific question about a fact, such as “did you take money from the till”, not “are you an honest person”. Without such a question the test will give you nothing.
• Do not use a polygraph in place of documents. If you doubt a sick note, check the sick note. That is exactly what the court pointed to in this case.
• Offer, do not order. You need written consent, and the question topics are agreed in advance. The complete guide to the polygraph test explains how the procedure works.
• A refusal is not evidence. It says nothing about guilt. Look for other ways to check the facts: documents, cameras, records.

What this means for an employee

You have the right to know the question topics in advance and to refuse, before the test or at any stage. But a polygraph can also work in your favour: if a suspicion is groundless, a test taken with your consent is a quick way to clear it.

A classic polygraph test takes 1.5–3 hours and costs 3,000–8,000 UAH (≈ €59–160); see the prices. I test in person only in Lviv. From another city or country you can take the online VerifEye test: 10–25 minutes, 84–89% accuracy according to the developer, from 2,500 UAH (≈ €50). You can also travel to Lviv, or I can recommend a fellow polygraph examiner.

A practitioner’s comment

A polygraph is a tool for a specific question, not a way to put pressure on a person or punish them. The weakest tests are those where the client cannot say what exactly they want to find out. And the result is a pointer to where to look next, not a verdict: a classic polygraph is 85–89% accurate according to the American Polygraph Association meta-analysis, not 100%.

FAQ

Can an employee in Ukraine be dismissed for refusing a polygraph test?

In a private company, no: Article 40 of the Labour Code has no such ground. In some state bodies a candidate’s refusal can be a reason not to accept them for service.

Is a polygraph clause in the employment contract enough?

No. A clause in the contract does not replace voluntary written consent to a specific test. The person can refuse at any stage.

What should an employer do if the employee refuses?

Do not apply pressure. A refusal proves nothing by itself. Check the facts in other ways: documents, camera recordings, records.

By polygraph examiner Andriy Maryniak, in practice since 2012. Based on the IOL publication of 29 September 2026; as of October 2026.

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