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. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

Human immunodeficiency virus and acquired immune deficiency syndrome (hereafter HIV/AIDS) in South Africa are epidemic virus and disease respectively, item 1.1 of the EEA Code of Good Practice on Key Aspects of HIV/AIDS and Employment, 2000 states that HIV/AIDS are serious public health problems, which have socio-economic, employment and human rights implications on the society, employees inclusive. The Constitution of the Republic of South Africa, 1996, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995 and Promotion of Equality and Prevention of Unfair discrimination 4 of 2000, international and regional instruments and standards provide protection to HIV positive employees in the workplace. Notwithstanding this plethora of legislation, employees are still faced with the problems of being stigmatised, unfairly discriminated against and ultimately dismissed from work for being HIV positive. Employees are subjected to HIV testing and the information about their HIV statuses is still being disclosed without their informed consent and their right to privacy and confidentiality may be violated. These possible violations of employees’ rights may affect the economy of the country. When employees are dismissed, the amount of production and profits for the employers decrease and as a result the government loses tax revenue, the unemployment and poverty rates increase. Hence it is imperative to investigate the problems of stigmatisation, unfair discrimination and dismissals in order to see to what extent are employees’ rights protected. There will be a comparative study in Canada which is experiencing the same problems as South Africa in order to find out how Canada can provide solution to South African problems. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Human immunodeficiency virus and acquired immune deficiency syndrome (hereafter HIV/AIDS) in South Africa are epidemic virus and disease respectively, item 1.1 of the EEA Code of Good Practice on Key Aspects of HIV/AIDS and Employment, 2000 states that HIV/AIDS are serious public health problems, which have socio-economic, employment and human rights implications on the society, employees inclusive. The Constitution of the Republic of South Africa, 1996, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995 and Promotion of Equality and Prevention of Unfair discrimination 4 of 2000, international and regional instruments and standards provide protection to HIV positive employees in the workplace. Notwithstanding this plethora of legislation, employees are still faced with the problems of being stigmatised, unfairly discriminated against and ultimately dismissed from work for being HIV positive. Employees are subjected to HIV testing and the information about their HIV statuses is still being disclosed without their informed consent and their right to privacy and confidentiality may be violated. These possible violations of employees’ rights may affect the economy of the country. When employees are dismissed, the amount of production and profits for the employers decrease and as a result the government loses tax revenue, the unemployment and poverty rates increase. Hence it is imperative to investigate the problems of stigmatisation, unfair discrimination and dismissals in order to see to what extent are employees’ rights protected. There will be a comparative study in Canada which is experiencing the same problems as South Africa in order to find out how Canada can provide solution to South African problems. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Thesis (MPhil (Sustainable Development Planning and Management))--University of Stellenbosch, 2007. / Corporate Social Responsibility is a new agenda within the sustainable development debates. There have been several debates to question the role of business on the social and community linked issues such as HIV and AIDS which not only threatens their own survival but the very existence of the workforce and the communities. The debate also questions the role of the business on social accountability as to whether they should be held accountable and responsible for their actions to the employees and the wider society. In view of this debate the aim of this study was to investigate the potential role of Corporate Social Responsibility in management of HIV and AIDS at work place-a Case Study of Garment Industries in Thetsane, Maseru. Objective: To investigate the approaches used by Garment Industries in management of HIV and AIDS at workplace. Secondly, to investigate what contributes to the differences in the approaches between different garment industries, and finally to explore the factors, which motivated garment industries to adopt these approaches or programmes. This was a case study involving four garment industries that have work place programmes. Findings: Garment industries have limited resources to support HIV and Aids programmes at work place. Majority of the garment industries depend on support from the development agencies and the private Doctors, in the area of condom distribution, awareness, education and provision of medical care to their employees.