Abstract:
The courts approach to HIV positive employees will be studied as they give a rough This dissertation takes its focus from the plight of millions of South Africans living with HIV/AIDS. HIV sufferers count for 11.2 percent of our entire population. It has furthermore been predicted that in the next 10 years to come, 40 to 50 percent of the current workforce will be lost to HIV/AIDS.1 Only certain people qualify for free government issued anti-retrovirals (HIV/AIDS medication), this leaves a large portion of people unable to afford their much needed medication. This ultimately leads to them becoming very ill and often unable to work. These statistics do not leave the South African employment situation with great confidence. Much legislation has been promulgated that prohibits the discrimination of those suffering from the disease and this legislation and its impact will be analyzed to see if it does meet the current needs of those suffering from HIV/AIDS. What will be discussed is how this legislation does not make available for the mechanism for employers to provide either the treatment or the access to a medical aid for their employees suffering from HIV. The cost of such a provision of treatment will be a great expense to any employer, especially those of a smaller nature. What will be dealt with is ways in which to encourage employers to implement such a scheme, through tax rebates and seeing the financial benefits of implementing such an arrangement. The provision of treatment encourages a better working relationship and reduces, amongst other things, the cost of staff replacement. The Labour Relations Act2 does offer employer’s guidelines as to how HIV positive employees should be handled at the workplace. However these are just guidelines. What will be examined is how such a policy can be implemented in any workplace, the contents of such a policy and benefits of it being a compulsory workplace addition. Successful workplace policies and legislative guidelines will be used to create an ideal HIV workplace policy model. The courts approach to HIV positive employees will be studied as they give a rough indication of whether HIV positive person’s rights are being affected at the workplace. This will dictate to us whether there is a need for improvement and to what extent. What will be seen is that there are large gaps in the South African employment arena. HIV positive employees are falling through these gaps with no protection and no one willing to take on the challenge of helping to improve their lives.
