Home - Do we have to accept polygraph results in a workplace investigation?
December 17, 2019 on chapter Workplace investigations

We are conducting a workplace investigation into an allegation of serious misconduct by one of our employees. The respondent has obtained a polygraph report, which he purports to show that he did not act as alleged by the complainants. I am aware that polygraph evidence is not considered admissible in Australian courts in criminal matters. The investigator also has serious doubts about the testing in this case. To what extent should the investigator consider the result of the polygraph test as evidence?

The rules of evidence required to be adhered to by Australian courts are not required to be adhered to by an investigator during the course of a workplace investigation. Although, technically, the results from this employee’s polygraph test are able to be considered, the investigator may choose not to due to doubts over the accuracy of polygraph testing.

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