Having issues at work please help what do i do

[Slootvreter]

 

[anthony900220]

If the private/corporate investigator got hold of your bank statements that's illegal and that should be the basis of your defense. Only the police can legally obtain that with a warrant (correct me if I'm wrong).

As said earlier a lie detector test doesn't hold up in court so if you are dismissed because of its results go to the CCMA asap, you have 30 days to go to the CCMA for unfair dismissal. Also try and get a grievance laid against this guy through HR as you feel victimized.

You must be treated with respect, dignity and be noted that you are innocent until proven guilty in a court of law.

I hope if it goes down that way you have some type of legal aid, FNB got me a lawyer who represented me at the arbitration.. I didn't steal like OP though, I went on the study leave I applied for to write exams

 

[skeptic_SA]

If the private/corporate investigator got hold of your bank statements that's illegal and that should be the basis of your defense. Only the police can legally obtain that with a warrant (correct me if I'm wrong).

As said earlier a lie detector test doesn't hold up in court so if you are dismissed because of its results go to the CCMA asap, you have 30 days to go to the CCMA for unfair dismissal. Also try and get a grievance laid against this guy through HR as you feel victimized.

You must be treated with respect, dignity and be noted that you are innocent until proven guilty in a court of law.

I hope if it goes down that way you have some type of legal aid, FNB got me a lawyer who represented me at the arbitration.. I didn't steal like OP though, I went on the study leave I applied for to write exams

Polygraphs ARE admissible in labor court.

 

[xrapidx]

He's not going to be able to prove the boss has his bank statements.

 

[heavyd95]

I told the boss that i will do the 2nd test cause i did not take any money.everybody knows how much money went missing cause everyone at the work place was talking about it.

 

[Rickster]

I told the boss that i will do the 2nd test cause i did not take any money.everybody knows how much money went missing cause everyone at the work place was talking about it.

Im guessing no CCTV was installed?

 

[rietrot]

Take the money and run. Resign and go retire at the beach.

If he threatens u with arrest or police and u didn't do it play along say u have no idea why the polygraph were failed but u are innocent and would welkom a full police investigation to proof it.

Being difficult will only further damage your work situation.

 

[Alton Turner Blackwood]

In my opinion its pretty easy to determine who has direct access to money so it should be reasonably easy to narrow down the suspects without involving a polygraph.

That being said and since your boss sounds like a box, has he also been subjected to the polygraph test?

 

[heavyd95]

Lol pimping out my golf.If i pimp my car out its from hard earned cash brother.

 

[anthony900220]

Theft is a section one criminal offense - OP can worry about labour court later we have a potential criminal case at hand

Bank statements were illegally obtained (unless consent was given or a court order) therefore cannot be used as evidence, the polygraph will need some other type of evidence to go with it, unfortunately that paper you signed was most likely you giving consent to the polygraph as consent is needed, it should have been explained to you though.....

A good lawyer can get you off easy, in labour or criminal court.

 

[ToxicBunny]

Polygraphs ARE admissible in labor court.

To a point though, they cannot be the basis of a case

Polygraph test may not be interpreted as implying guilt but may be regarded as an aggravating factor especially where there is other evidence of misconduct. In other words, polygraph test results, on their own, are not a basis for a finding of guilt. It can be used only in support of other evidence.

 

[heavyd95]

I don't think he has gone for one

 

[skimread]

Lol pimping out my golf.If i pimp my car out its from hard earned cash brother.

I bet the cash was hard earned

If your boss has the bank statements and he sees a huge withdrawal for money to pimp your car then he will know it probably wasn't you as if you stole the cash there wouldn't be a need for a large withdrawel

 

[skimread]

To a point though, they cannot be the basis of a case

Balance of probability its very easy to get found guilty of something you didn't do if you don't have adequate representation

 

[Alton Turner Blackwood]

I don't think he has gone for one

So, given all the other schit he does to you guys, how sure are you that he didn't steal the money himself and then paid the "polygraph examiner" a few grand to pin the crime on one of you guys?

 

[TEXTILE GUY]

My 2c on this ...

Firstly - if taking a polygraph has been accepted by you in the contract of employment or ad hoc - its legal. If not, you may have recourse considering Chapter 2 of the constitution. But would you go that far?

The boss has to review the substantive issues first ... he didnt catch anyone taking the cash,has no witnesses and has no other evidence other than the polygraph.

In the case of Truworths Ltd v CCMA and Others (2008), and again IDWU obo Motswagae v National Bargaining Council for the Road Freight Industry and Others (2013) the issue was raised that the polygraph is admissible, but not absolute evidence and should be weighed against the other facts in the case. The polygraph speaks to your trustworthyness but not an admission of guilt.

If you should be dismissed for this alone, you could well argue unfair dismissal or even constructive dismissal assuming you did not consent to the test or it was not part of the contract of employment.

The second part - procedural fairness - did the employer inform you of the charges prior to dismissal, did he allow you to prepare a response and were you heard? If the employer fails on this side, its procedurally unfair.
Should you be dismissed, you should have been given a clear indication for the reasons for dismissal, and of course - if policy - right to appeal, otherwise within 30 days complete and deliver the 7.11 form to CCMA, and employer.

 

[TEXTILE GUY]

To a point though, they cannot be the basis of a case

I think this case - DHL Supply Chain SA (Pty) Ltd v De Beer NO and Others (D738/10) [2012] ZALCD 15; [2013] 1 BLLR 20 (LC); (2013) 34 ILJ 1530 (LC) (16 October 2012) supports Toxics post.

/agrees.

 

[ToxicBunny]

Balance of probability its very easy to get found guilty of something you didn't do if you don't have adequate representation

They would still need other evidence that the polygraph would "support"... you can't use a polygraph as the basis.

 

[heavyd95]

I havent been dismissed yet still working at the place.

 

[heavyd95]

But anyway guys thanks so much for your comments.The all might god knows who took that money so i will leave it in his hands.IF anything happens i will then get someone to represent me.see i dont know these things and you guys give me info thank you.