archive > Tracking the National Strategic Plan on HIV, TB and STIs > Discrimination > Judgment to be handed down by Labour Court in important HIV related unfair discrimination matter

Judgment to be handed down by Labour Court in important HIV related unfair discrimination matter

On Wednesday, 16 February 2011 at 10.00am Justice Bhoola will deliver judgment in the Mooikloof Estates matter at the Labour Court in Braamfontein.

The case was heard in the Labour Court in December 2010. It relates to the unfair dismissal of a horse-riding instructor and stable manager by Mooikloof Estates in Pretoria. Mr Allpass was dismissed immediately after his former employer discovered that he was HIV positive. Mr Allpass is – and at the time of his dismissal was – in good health and fully able to do all the requirements of his job. Indeed he is an award winning riding instructor. This was however ignored by his employers and he was dismissed on the ground that he was “severely ill”.

Webber Wentzel Attorneys and SECTION27 collaborated in bringing the case on behalf of Mr Allpass. The case is important because it illustrates the prejudices faced by HIV positive individuals on a daily basis and is likely to set a further major precedent on this aspect. For more back ground on the case go to:

http://section27.org.za/2010/12/06/gary-shane-allpass-v-mooikloof-estates/

Members of the media and human rights activists are welcome to attend the handing down of judgment.

For more information, please call S’khumbuzo Maphumulo on 074 113 7926 or Mark Heywood: 083 634 8806.