Barry Streek
No one can be unfairly discriminated against in the workplace on the basis of HIV status, and an employee may not be dismissed simply because he or she is HIV-positive or has Aids, according to a draft code drawn up by the Department of Labour.
The code also lays down that no employer may require an employee, or an applicant for employment, to undertake an HIV test unless authorisation has been obtained from the labour court.
“Being HIV-positive or having Aids is not a sufficient reason to dismiss a person. Employees with HIV/Aids may not be dismissed solely on the basis of their HIV status.
“When an employee has become too ill to work an employer is obliged to follow accepted guidelines regarding dismissals for incapacity before terminating an employee’s services. These include attempts to adapt the employee’s duties, to accommodate the employee’s disability and to find alternative employment for the employee.”
The draft code has been drawn up in terms of the Employment Equity Act and the department has invited public comment, which should be addressed to the Employment Equity Registry, Private Bag X117, Pretoria, 0001 or faxed to (012) 320-2059 or 322-0412 or e-mailed to [email protected], by May 25.
Minister of Labour Membathisi Mdladlana wants the final code to be issued jointly by the Commission for Employment Equity and the National Economic, Development and Labour Council, both of which will consider the public representations. The draft code had been developed as a guide to employers, trade unions and employees.
ENDS