Abstract
M.Phil. (Labour Relations)
The aim of this study was to investigate the impact of Aids in the workplace
from a legal point of view and to isolate some of the most important areas where
legal regulation could become problematical.
In general it was found that the best way to deal with Aids is to try and prevent
it by eliminating ignorance as far as .possible and to bring the disease into the
open by means of the early distribution of facts through proper education and
counselling and especially the formulation and implementation of a sympathetic
Aids policy. This should prevent litigation on the basis of the unfair labour
practice concept in the industrial court to a large extent.
The legal position regarding problem areas such as confidentiality,
testing, the value and regulation of screening, the freedom to employ, dismissal,
termination and safety was analysed both in terms of existing South African law
and also by comparison with developments internationally.
It was found that a high premium is placed on security of employment and that
Aids victims should not be discriminated against, but treated objectively like
other cases of serious illness.