No com­pen­sa­tion for gov­ern­ment em­ployee

Weekend Argus (Sunday Edition) - - NEWS - BULELWA PAYI

AL­MOST two months after the Com­mis­sion for Con­cil­i­a­tion, Me­di­a­tion and Ar­bi­tra­tion (CCMA) is­sued an award in favour of a Groote Schuur hos­pi­tal em­ployee whose HIV sta­tus was dis­closed with­out her con­sent, she has yet to re­ceive the money.

The Depart­ment of Health was or­dered to pay R15 000 to the em­ployee as com­pen­sa­tion by end of Septem­ber.

The depart­ment con­firmed it was aware that the em­ployee had not been paid yet but said this would be done at the end of this month.

How­ever, it could not ex­plain the de­lay in the pay­ment.

In grant­ing the award in Septem­ber, CCMA se­nior com­mis­sioner Ur­sula Bul­bring found that the em­ployee was sub­jected to un­fair dis­crim­i­na­tion on the ba­sis of her HIV sta­tus in that it was dis­closed with­out her con­sent.

The ar­bi­tra­tion which was brought be­fore the CCMA by the Na­tional Education and Health Work­ers’ Union on be­half of the em­ployee against the Depart­ment of Health chal­lenged the ef­fi­cacy of poli­cies re­gard­ing treat­ment of peo­ple living with HIV/Aids and the dis­clo­sure of the sta­tus at the work­place.

The em­ployee was seek­ing com­pen­sa­tion and her sick-leave to be re-cred­ited to her.

The em­ployee al­leged that she had told a man­ager in her depart­ment of her sta­tus in an at­tempt to ex­plain her ab­sen­teeism from work which had be­come a con­cern to him, he in turn dis­closed it to a col­league with­out her con­sent.

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