Mr. X V. Mr. Jakobus Brink & 3 Ors NICN/ABJ/464/2016
WHETHER AN EMPLOYER CAN LAWFULLY DISMISS AN EMPLOYEE ON THE BASIS OF THE LATTER’S REAL OR PERCEIVED HIV/AIDS STATUS.
The case was to seek justice for Mr. X based on his loss of employment owing to
his HIV status. Mr. X was compelled by his employer to undergo a medical test
which test revealed that he was HIV positive and based on the results, his
employer terminated his employment. Owing to this, Mr. X contacted Lawyers
Alert and a suit was filed against his employer. This case was heard and
determined at the National Industrial Court and Judgment was delivered on the
26th of September 2018.
OUTCOME:
The Court decided that dismissing someone from their employment on the basis
of their real or perceived HIV-status is workplace discrimination, which violates
the HIV and AIDS (Anti-Discrimination) Act, the African Charter on Human and
Peoples’ Rights, the International Labour Organization’s Convention on
Discrimination and other international and regional human rights laws.
The Court considered that the prohibition on HIV-related employment
discrimination is the reason why HIV screening is prohibited in employment
processes, why job applicants and workers cannot be forced to disclose their HIV-
status, and why dismissal on the basis of HIV-status is prohibited.