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Labour Relations Act, 1995 (Act No. 66 of 1995)


National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part I : Provisions for the Non-Metro Areas


Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS and Employment with the Clothing Manufacturing Industry of South Africa

11. Dismissal


11.1. Employees with HIV/AIDS may not be dismissed solely on the basis of their HIV/AIDS status.


11.2. Where an employee has become too ill to perform their current work, an employer is obliged to follow accepted guidelines regarding dismissal for incapacity before terminating an employee’s services, as set out in the Code of Good Practice on Dismissal contained in Schedule 8 of the Labour Relations Act.


11.3. The employer should ensure that as far as possible, the employee’s right to confidentiality regarding his or her HIV status is maintained during any incapacity proceedings. An employee cannot be compelled to undergo an HIV test or to disclose his or her HIV status as part of such proceedings unless the Labour Court authorised such a test.