Private Investigations Agency,
Justicia was established in 1992 as a private investigations agency in response to a growing demand from the private sector. It is now one of the largest privately owned, nationally represented investigation agencies in the country… find out more
THE LATEST INDUSTRY NEWS
Employee Polygraph Testing Copy
Employee Polygraph Testing has become a controversial topic, mainly because many people are not aware of what is legal and what is not legal. Please note the following list of “Frequently asked Questions and answers”. Q. Can I force an employee to take a polygraph test? A. No. You need their permission at the time or it should be written into an employment contract that both the employer and employee have previously signed. Every polygraph examination should be preceded by the completion of a "polygraph consent form". Bear in mind the suspicion created when an employee refuses to consent to a polygraph examination without reasonable grounds. Q. Can I dismiss an employee for failing a polygraph test? A. No. The information can only form the basis of an investigation and must be supported with further evidence which proves, within a "balance of probability", that an offence has taken place. The polygraph can therefore only be used as supporting evidence in a disciplinary hearing and it is not accepted as evidence in a criminal trial, where guilt has to be proven "beyond reasonable doubt". Q. Can an employee be questioned about more than one issue in the course of one test? A. Yes. The success of a polygraph examination is based on the composition of the questions, therefore the series of questions to be asked must be carefully formulated and not vague or generalised. Q. How many relevant questions can be asked in the course of the test? A. Preferably, not more than four. Q. Can a pregnant female be polygraphed? A. No (as a rule). Although there is no medical evidence to date that the polygraph can cause harm to the mother or unborn child. Q. How accurate is the polygraph test? A. The American Polygraph Association has a compendium of research studies available on the validity and reliability of polygraph testing. The 80 research projects listed, published since 1980, involved 6 360 polygraph examinations or sets of charts from examinations. Researchers conducted 12 studies on the validity of field examinations, following 2 174 field examinations, providing an average accuracy of 98%. Q. If a person is a habitual liar, can he still be polygraphed? A. Yes. Q. Is it legal to subject prospective employees to a pre-employment polygraph test? A. Yes, if they agree to it. As a matter of routine, polygraph testing should be considered for inclusion in employment contracts. Q. What elements could have a negative effect on a polygraph? A. Noise, language and distraction. Q. Does sleep deprivation or liquor consumption affect a polygraph? A. No. This is situational - the examiner must make the decision on whether the examinee should be tested. The USA Department of Defence Polygraph Institute (DODPI) conducted research to assess if variables such as number of hours the subject slept prior to the test, the subject's alertness during the test, general health, level of physical discomfort and if the use of alcohol, nicotine and coffee prior to the test had any impact. In general the situational variables had little impact on test outcome (US Joint Security Commission Report 1994). Q. Do the electrolytes in your body affect the polygraph? A. No. Q. What about prescription drugs for post traumatic stress disorder that calm the brain or a drug that has ephedrine in it? A. No. Q. What about anabolic steroids? A. No. Q. Is it true that if you undergo a test on an empty stomach it will affect the result? A. No. Q. I'm told that if I'm nervous, I could fail the test. Is this true? A. No. This is a long standing belief that holds no truth whatsoever. Everyone who takes a polygraph examination will be nervous, whether they intend lying in the exam or not. The polygraph exam identifies truth and deception, no matter the level of nervousness in the subject. Q. How does the polygraph detect lies? A. When we lie about something important, changes occur in our bodies that we have no control over. The polygraph records these changes. The Autonomic Nervous System in our bodies consists of two systems - the Sympathetic and the Parasympathetic. When we lie, physiological changes occur at the Sympathetic level, beyond our control, and the polygraph records these Sympathetic arousal responses. Q. Will it work on someone with no conscience - a psychopath, for example? A. Yes. Research has shown that the polygraph is just as accurate on psychopaths (in fact even more so in many cases) as it is on non-psychopaths. This is according to practical field results, not theoretical academic work. Q. Surely you're biased towards whoever is paying for the exam? (If it's a company, for example, I find it hard to believe that you won't give them the result they're looking for.) A. When we conduct examinations, we are neither partial nor prejudiced to either party. If a party however is looking for something other than the truth to be reported by us, then they have come to the wrong place. Our polygraphists are registered with both the American Polygraph Association and the Polygraph Association of South Africa and are therefore bound by codes of ethics as well as standards and principals of practice. Lastly, from a commercial perspective, unethical practice is a sure way to ruin one's reputation and consequently, ones business. Symbiotix will not entertain bias under any circumstances. Contact Justicia Investigations for more professional advice on Employee Polygraph Testing.READ THIS ARTICLE
Private Investigator Costs
Establishing and understanding the cost implication of hiring a private investigator prior to appointing them on a matter is essential.You’ve found instances of theft, fraud, corruption or irregularities and suspect the involvement of your employees. You need to get to the bottom of the matter and you’re looking to employ the services of a private investigator?Here are a few important factors to consider;· Take the time to establish the investigator’s qualifications, experience and credentials · Check their reference for credibility · Make sure they have a sound track recordFor an investigator to advise and choose the correct approach of an investigation they would need to understand the desired outcome of the client (i.e. criminal, civil, industrial) and all the relevant facts and information surrounding the matter.Finally it is important to agree on time frames. This is always a grey area, and can be broken down into stages.READ THIS ARTICLE
What you need to know about lie detector tests
Employers are able to use a polygraph for various reasons;Pre employment tests - Prior to employing a candidate an employer can test to see if the candidate has been truthful in their application. Specific incident tests - When a incident takes place, an employer can clear employees that could possibly have been responsible for the incident. A suspect can also be identified. Periodic tests - Random tests can be conducted to confirm integrity of employees.Employers must make sure;That the employee voluntarily agreed to undergo the polygraph test - Having a signed document is crucial if you ever need to defend your actions in a CCMA hearing.That the employee knows what questions s/he will be asked and understands the questions.That the employee knows s/he is allowed to have an interpreter present - The employee can request to be accompanied by another person, provided that the person doesn't interfere with the proceedings in any way.The results of a polygraph test cannot be used as proof of guilt.It is advisable to use the polygraph as supporting evidence and not on its own.What to look out for when choosing a polygraphist.They need to have completed a course that is accredited by the American Polygraph AssociationThey need to be certified members of a polygraph associationMake sure the polygraphist you choose has experience and is willing to testify (a reference track record is advisable).The polygraphists need to have a backup team of forensic investigators to gather evidence where necessary that could follow a polygraph result and confession.RatesRates can average from R600.00 to R 1000.00 (rates would depend on the qualifications and experience of the polygraphist)AccuracyResearch indicates that the accuracy of a polygraph test is between 90% – 97% accurate, the variation can be put down to various techniques being used.Lie detector tests in the workplace are not illegal.There is no legislation in South Africa that controls the use of Polygraph Tests in the workplace. There are decided cases where polygraph test results have been accepted as evidence in CCMA and labour courts.READ THIS ARTICLE
What to Consider When Choosing A Private Investigator
If you are at the point where you are considering employing the services of a private investigator then you have reached the conclusion that you are out of your depth and require help. An experienced private investigative firm such as Justica Investigators can provide a vast array of services such as surveillance, investigations, polygraph testing to name a few. However selecting a private detective can be a daunting task as you will have no previous experience upon which to base your decision. Justica Investigations would like to share a few fundamental points to consider when choosing a private investigator. Referrals Although the majority of companies advertise in the local telephone directory and other publications there is no substitute for a referral so contact other attorneys and other professionals who have used private investigators and get recommendations.Interview the Investigator or Firm Once you have narrowed down your list of possibilities, contact all necessary agencies to inquire if that individual or company possesses an up-to-date business license. Take the opportunity to determine if the private detective or firm specialises in any specific areas of law. You have the right to ask if they or anyone employed by them has ever been arrested for a crime. One thing that can separate investigators from one another is practical experience and the ability to quickly and efficiently acquire information through the use of informants and other means. Private detectives are extremely adept at the artful task of gathering information that is either unknown or unavailable. Make sure that your questions are answered to your complete satisfaction. Qualifications The next step is to check their credentials such as work experience, educational background, or additional training received. Costs and Fees The costs for an investigator will vary greatly depending on the types of services required so ensure that you run through all cost implications before you agree or sign anything. Justicia Investigations is based on a foundation of honesty, integrity and impartiality, we have strategically positioned ourselves to be able to service all of the security needs of our clients. We invite you to ask us any questions or come and talk to us so that we can provide you with all our investigative advice and services.READ THIS ARTICLE
KNOW WHAT YOU ARE LOOKING FOR?
Get in touch and one of our consultants will be in contact with you shortly.