Cases listed under subject matter

Aids/ HIV

Please click on selected case to view it

Allpass v Mooikloof Estates (Pty) Ltd t/a Mooikloof Equestrain Centre (JS178/09) [2011] ZALCJHB 7 (16 February 2011)

Dismissal because of HIV status is discrimination prohibited by s 187(1)(f) and is therefore an automatically unfair dismissal.

Bootes v Eagle Ink Systems KZ Natal (Pty) Ltd (2007) 16 LC 8.29.7; [2007] JOL 20651 (LC)

Dismissal of employees because of their HIV status is widely acknowledged as discrimination unless being free of HIV is an inherent requirement of the job

PFG Building Glass (Pty) Ltd v CEPPWAWU & others (2003) 24 ILJ 974 (LC)

The Employment Equity Act states that testing an employee's HIV status is prohibited unless the testing is determined to be justifiable by the Labour Court. Anonymous and voluntary testing of employees for HIV does not fall within this.