No place for state

President of the Jamaica Employers' Federation, Wayne Chen, is warning the Government to avoid getting "too involved" in the issue of polygraph (lie detector) testing of employees in the private sector.

Chen was speaking to The Gleaner yesterday, days after Minister of Labour and Social Security Minister Pearnel Charles said he was prepared to discuss the issue with employers, but that he would only consider polygraph testing as necessary in specific circumstances.

"Contracts of employment should be between the employer and employee and these contracts should be clear on certain conditions of employment including polygraph testing," said Chen. He noted, however, that polygraph testing should not be oppressive or done under duress.

Sensitive cases

According to Chen, there are areas of employment that might be sensitive and might require lie-detector tests.

"I don't believe that Government should get too much into the individual contracts of employment. That should be left to the contracting parties," he said.

Chen would not extend his comments to the public sector in general, but said polygraph testing might have some efficacy in that sector.

Speaking in Montego Bay, St James, on Friday, Charles said while there was no statute in Jamaica that prohibits the use of polygraph testing as a basis for granting, continuing or terminating employment, the ministry was carefully examining the matter, with a view to recommending a policy on the issue.

He also said there had been complaints by employees who were being asked to undergo polygraph testing at some workplaces. Against that background, he said the labour ministry would soon be holding discussions on the issue with employers.

There have been reports of an increased use of polygraph testing in several labour situations over the past decade. Strong sentiments have also ben put forward in support of polygraph testing for members of the Jamaica Constabulary Force.

Increasing concerns

At the same time, there have been increasing concerns about the credibility of polygraph-test results and Charles said there was a strong possibility that employers who rely solely on the results of polygraph tests as the basis for dismissing employees might not be able to successfully defend a wrongful dismissal suit.

"If you employ a group of workers for five, six, seven or eight years, to go and tell them that come Monday morning everybody has to take a polygraph test to stay on the job, I cannot support you," he said.

"But, if you tell me that you are going to employ some people next week, and a standard that you are setting is that they must convince you, through a polygraph test, that they are the right employees that you need, then I can discuss that with you," he added.

Charles also argued that there was concern that polygraph testing could indicate a lack of trust, which is not conducive to good worker-management relationships.

He was speaking at an Information Communication Technology and Labour Forum organised by Jamaica Promotions Corporation.