Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - South Africa (Ratification: 1997)

Article 1(1)(b) of the Convention. HIV/AIDS status. The Committee notes with interest the decision rendered by the Labour Court of Johannesburg in February 2011 (Allpass v. Mooikloof Estates, Case No. JS178/09), awarding the complainant compensatory damages for unfair dismissal and discrimination on the grounds of his HIV status, and making specific reference to the Convention, and to the HIV and AIDS Recommendation, 2010 (No. 200) as a recognition of the impact of discrimination based on real or perceived HIV status and its increasing prevalence. The Court also refers to the notion of “inherent job requirement”, included in Article 1(2) of the Convention, pointing out that the Committee has emphasized the need for a strict interpretation of this notion. The Committee asks the Government to continue to provide information on judicial and administrative decisions concerning discrimination in employment and occupation based on HIV/AIDS status. The Committee also reiterates its request for information concerning the South African Defence Force Policy on HIV/AIDS status, which was to be revised following the decision rendered by the High Court of Pretoria in May 2008. The Committee also once again asks for information concerning the National Strategy Plan on HIV/AIDS (2007–11), including measures adopted under this plan to prevent and address discrimination in employment and occupation based on HIV/AIDS status.

The Committee is raising other points in a request addressed directly to the Government.