• HIV IN THE WORKPLACE. Assessing Legal Protection in South Africa

Lambert Academic Publishing
Publication date:

(Jerome has worked in the private sector and at universities. He specializes in labour law, with particular interest in individual labour law, conciliation, mediation and arbitration. Jerome obtained his Magister Legum (LLM) degree at the University of the Western Cape in 2007 and is currently working towards a PhD in Conflict Management.)


The book represents a detailed analysis of the South African legislative protection afforded to HIV positive employees, against discrimination and unfair dismissal. It places various legislative provisions under scrutiny starting with International Conventions, the South African Constitution and other key protective labour legislation such as the Labour Relations Act (LRA), Act 66 of 1995 and the Employment Equity Act (EEA), Act 55 of 1998. The study appraises HIV discrimination and dismissal case law and finds contentment with the decisions. It concludes that HIV positive employees are adequately protected but suggest that more needs to be done in the workplace, to eradicate prevailing stigmatization and discrimination against these employees.

MATERIAS: aids, Anonymous Testing, Automatically Unfair Dismissal, Epidemiological, HIV, HIV Positive, HIV Testing, Infected Employee, informed consent, Inherent Requirement of the Job

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