Marseille 2007
| Abstract #689 - The unreesolved Legal Issues on HIV/AIDS in the workplace in South Africa | ||||
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Session: 47.4: Ethics and Law (Parallel) on Wednesday @ 08.30-10.30 in Auditorium/Overflow Chaired by Susan Newcomer, Anjali Nayyar Authors: Presenting Author: Prof Akhabue OKHAREDIA - University of South Africa, South Africa |
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| Aim: Today, the spread of HIV/AIDS in South Africa has become a threat to the workforce. According to the South African Human Science Research Council (HSRC) in 2005, HIV/Aids are a generalised pandemic in South Africa that extends to all age groups, geographic areas and race groups. In terms of this wide spread of HIV/AIDS, this paper attempts to highlight how employers have treated their employees in their work environment. | ||||
| Discussion: This paper examines the case of Hoffman v South African Airways and other court cases. In the case of Hoffman, he was an applicant seeking a job as a flight attendant and was refused the job because of his HIV status. This law case illustrates clearly some of the unresolved legal issues of HIV infected employees or potential employees in terms of their dignity, privacy equality and fair labour practice. The analysis of the above case and other court cases in this paper revealed that a lot need to be done by the South Africa Government to protect the dignity and privacy of an employee who is infected by HIV/AIDS virus. Possible measures are recommended to the Government on how to protect those employees who are infected in terms of their constitutional rights. | ||||
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