Wednesday 22 January

Judgment reaffirms rights of people with HIV to non-discrimination in employment

SECTION27 welcomes the judgment handed down by Judge Bhoola today in the Labour Court in the case of Gary Shane Allpass v Mooikloof Estates (Pty) Ltd.

The case concerns the unfair dismissal in 2008 of a horse riding instructor on the grounds of his HIV status. The ruling follows the institution of legal proceedings on behalf of Mr Allpass by Webber Wentzel Attorneys, with the assistance of SECTION27. In her judgment, Judge Bhoola noted that “this court is indebted to the AIDS Law Project for its assistance.” SECTION27 incorporates the AIDS Law Project.

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.

Judgment reserved in alleged unfair dismissal case (Gary Shane Allpass v Mooikloof Estates)

On December 2nd 2010 judge Urmila Bhoola of the Labour Court reserved judgment in the case of Gary Shane Allpass v Mooikloof Estates (Proprietary) Ltd. Amongst other things, the case concerns the alleged unfair dismissal of a horse riding instructor on the grounds of his HIV status.
The applicant, Mr Gary Allpass, is an award-winning horse rider and instructor who has been living with HIV since 1992. He was represented in court by Advocates Warren Banks and Adila Hassim, who were instructed by Webber Wentzel Attorneys. Hassim is the head of litigation and legal services at SECTION27.

WDA