In a landmark ruling a 45 year old, HIV-positive woman has been awarded $35000 in damages for unfair dismissal by her employer. The 45-year-old waitress, whose identity has been withheld, also sued her doctor for revealing her HIV status without her consent. The High Court ruled that it was unlawful to end employment on the grounds of a person's HIV status. The woman's former employer, Home Park Caterers, said the company had not requested a medical test, and was not aware of her status when she was sacked. But the former waitress told the court that her letter of termination said she had been sacked on medical grounds, and for being unable to perform her duties. Her HIV status had apparently been revealed by her doctor to her employers, in breach of doctor-patient confidentiality, upon which she was sacked. Many HIV positive Kenyans are afraid to admit their status because of the discrimination they could face. About 2.5 million out of 32 million Kenyans are currently living with HIV/Aids. This is the first such ruling handed down by the Kenya High Court.
http://news.bbc.co.uk/2/hi/africa/7499496.stm
Thursday, 10 July 2008
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