At a glance

• When an employee refuses to submit to a polygraph test, an adverse inference can only be drawn under specific circumstances, such as instances where the employee is contractually obliged to undergo a polygraph test.
• In instances where an employee fails a polygraph test, adverse inferences should only be drawn when there is supporting proof of scientific validity of the polygraph results.
• Commissioners at the Commission for Conciliation, Mediation and Arbitration must assess all proven facts when drawing an inference and explain why the inference is the most plausible inference from all those that are conceivable. Selective reliance undermines reasonableness.