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HIV/AIDS testing and employment: new developments
Carl Mischke, Contemporary Labour Law. Volume 12, No 1. August 2002. Republished courtesy of Gavin Brown and Associates.
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The public discourse about HIV/AIDS in the media comes and goes. Gradually, however, our courts and arbitrators are being confronted with the very real implications of the pandemic in the workplace.
At this stage, the focus appears to be on the testing of employees for HIV/AIDS infection, the conditions under which such testing may take place and the implications of such testing. A recently reported award and Labour Court decision deal with the issue of HIV/AIDS testing in the workplace. The CCMA arbitration award relates to a situation where an employee refuses to undergo a test, and is subsequently dismissed for insubordination, and the Labour Court's decision dealt with permitting an employer to test for HIV/AIDS infection.
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