In a case that might set a precedent, a Harare nurse was dismissed from St Anne’s Hospital after serving the institution for two years after her employer discovered out that she was HIV positive.
The development saw her sue the employer but later loose the case the Constitutional Court ruling that her rights were not violated.
She was diagnosed with HIV in 2003. At that time she was employed by Avenues Clinic but soon retired in 2006 due to deteriorating health.
She later applied for a job at St Anne’s Hospital after recovering in 2010 and was asked to disclose if she was suffering from any serious illness including HIV. It was at that point that she did not reveal her status.
She later suffered a stroke in 2012 when she was discovered to be HIV+ and after St Anne’s had ordered an investigation it was found out that she had contracted HIV years before and knew about it. The findings resulted in her dismissal.
The National Employment Council’s Appeals Committee ordered her reinstatement but St Anne’s challenged the decision at the Labour Court.
While St Anne’s challenge was pending, the woman filed an application directly at the Constitutional Court arguing that her right to privacy in terms of Section 57(e) of the Constitution had been violated by St Anne’s Hospital. However, Chief Justice Luke Malaba, sitting with eight other judges dismissed her application, saying no rights had been violated. – state media
9 Replies to “IS THIS FAIR? – Nurse Fired for Being HIV+, Employer Says You Didn’t Reveal”
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Lol…prophet
Are you aware that you can catch HIV by having sex with just one person on your very first experience of sex? You do not have to have sex with thousands , which the word PROMISCUOUS means.
You are better off educating those round you you to always screen those they are going to have sex with in advance of the act, than to blame and insult them after they have already cauHIV. Also inform them that
1 Condoms may rip so they are not 100% protective
2 Being circumcised does not diminish the efficiency of HIV transmission.
3 Washing with warm soapy water after sex as advised by Zuma, iis ineffective.
Also note that some people are born with HIV from mothers and others get it through blood transfusion.
In sub Saharan Africa , Haiti, etc the biggest source of HIV or any STI’s for women who are totally faithful are their husbands. If you are a man, set an example and mentor younger men so we all help to stop the transmission of this totally avoidable virus and other STIs.
Insults make people angry and some of them will feel justified in revenge by spreading it further. STIs are avaidable. Let us all work to show that fact.
Very fair. In fact employers in the medical profession should use the questionnaire as well as a medical as long as they pay for the medical. What if she had lied about other easily communicable diseases, like TB. (not the one from Nigeria)
Its fair. The headline is making everything sound sinister and discriminatory. She was not fired because she is HIV+ but that she did not answer correctly when she was asked. She is now trying to play a wronged card. If she had answered truthfully, or refused to answer, then she could be telling a different story. She should have raised the matter at that time. As things stand she erred and she must apologise and ask for another chance.
Shame on you !
The question is is it fair for her employer to dismiss her for failure to disclose her status at the time of her employment. According to the application process at the hospital, that she was required to disclose if she was or had suffered from any serious medical conditions including HIV and she failed to disclose, then the employer is fair to have dismissed her for being dishonest. Had she been fired for being HIV+ per se then it would not have been fair. I am sure the hospital has reasons for such disclosures, probably not for discriminatory purposes but probably for patients safety.
Dishing it out means you are promiscuous and if she was not its a different ball game altogether
Ya! You are as Stupid as your comment. So everyone who is HIV +ve was promiscuous? Sad thing is you are probably an educated somebody. Yazi! SMH.
If she was known to be generous in dishing it out there feared that she could do the same to the patients hence its better to take precautions than to cry over spilt milk.