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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

11. Dismissal

 

1) Employees with HIV/AIDS may not be dismissed solely on the basis of their HIV/AIDS status.

 

2) Where an employee has become too ill to perform their current work, an employer is obliged to follow accepted guidelines regarding dismissal for incapacity before terminating an employee’s services, as set out in the Code of Good Practice on Dismissal contained in Schedule 8 of the Labour Relations Act.

 

3) The employer should ensure that as far as possible, the employee’s right to confidentiality regarding his or her HIV status is maintained during any incapacity proceedings. An employee cannot be compelled to undergo an HIV test or to disclose his or her HIV status as part of such proceedings unless the Labour Court authorised such a test.