Glucode Glucode Handbook

HIV/Aids

General

Glucode understands the epidemic that is HIV/Aids and the impact it has in the workplace. We are committed to engaging actively with prevention programmes in the fight against HIV and AIDS for all of its staff members and the overall wellbeing of the community.

In recognising the serious and life-threatening nature of HIV and AIDS, Glucode is committed to addressing the specific needs of those within its organisation and the community living with HIV or AIDS in a compassionate and constructive manner by providing resources and leadership for HIV and AIDS support programmes. By establishing partnerships through this policy, and related policies, Glucode will heighten general awareness, and facilitate informative programmes to create a greater understanding of the impact and effect of HIV and AIDS.

Our Commitment

Social and environmental

We are committed to:

  • protect, by all reasonable measures, the occupational health and safety of staff members, and the health and safety of visitors while within the premises of Glucode.
  • provide leadership through promoting a human rights-based approach to HIV and AIDS, thereby breaking the stigma attached to infection.
  • create a supportive and non-discriminatory environment for all members of Glucode infected with or affected by HIV and AIDS and to counteract prejudice and discrimination.
  • protect individual’s right to confidentiality and freedom from discrimination.
  • use appropriate measures to discourage discrimination against staff members affected or infected with HIV or living with AIDS, or those belonging to groups perceived to be at high risk of infection.

  • encourage appropriate responses towards, and support for, those who

    are HIV positive and those affected, including appropriate academic and psychological support for all members of the Glucode.

  • encourage all members of Glucode, whatever their HIV status and whether or not they have declared their status, to be mindful of their own behaviour in relation to the health and safety of others and to take the time to consider this document carefully.

Educative and social responsibilities

We are committed to:

  • provide guidance in encouraging teaching and research into knowledge and attitudes about HIV and AIDS and its impact.
  • provide clear guidelines on the support resources available to staff members of the Glucode infected with, or affected by, HIV and AIDS.
  • implement and promote a sustained educational programme through the provision of current and accurate information in such a way that every staff member has access to education about HIV and AIDS.
  • encourage voluntary testing.
  • ensure that condoms are freely available to all members of Glucode in discreet accessible locations.

HIV infection and AIDS

AIDS is a life-threatening disease caused by infection with the HIV (virus) which creates a condition where the body gradually loses its ability to defend itself against other opportunistic and potentially life-threatening diseases.

HIV infection is spread only when an adequate amount of infected body fluid enters the bloodstream of a non-infected person.

The dominant modes of transmission of the HIV are through:

  • Unprotected sexual intercourse where an exchange of body fluids takes place;
  • Accidental or deliberate shared use of HIV contaminated needles;
  • Sharp object injuries, e. g needles, scalpels, glass, surgical instruments, contaminated with HIV-infected blood (in and out of health care settings);
  • HIV-infected blood on cuts, grazes or in the eye for significant periods of time poses a possible risk;
  • Infected mothers to unborn infants;
  • Transfusion of infected blood or blood products.

Equity, Rights and Responsibilities

All persons have the right to:

  • have their dignity respected and protected
  • a safe working environment and to be protected from infection, but also have the coexisting responsibility for maintaining this environment
  • not be required to undergo HIV testing without informed consent
  • lead as full a professional life as possible and carry the obligation not to deliberately spread the infection.

Confidentiality

Glucode will treat a person infected with HIV and AIDS without prejudice or discrimination.

Any person to whom information about the HIV or AIDS status of a staff member of Gludcode has been disclosed is legally required to keep this information confidential.

Disclosure to third parties may only be made when authorised by the informed written consent of the staff member.

Unauthorised disclosure of HIV or AIDS information relating to an individual person can give rise to legal liability or disciplinary action against the discloser of that information.

Compliance

Monitoring and enforcement

The primary responsibility for ensuring compliance with this policy rests on us all.

You have the right and responsibility to ask questions, seek guidance and express concerns regarding this policy.

You should promptly report all suspected breaches of this policy to your Head. If this is not possible, you may report the suspected breach anonymously through the Grievance process.

You are expected to be familiar with your role and duties, internal policies and procedures, as failure to comply with them may be considered to be misconduct and you may be subject to disciplinary action.

Your rights at work

The Constitution

The Constitution gives all people the right to equality and non-discrimination.

It also gives you the right to be treated fairly at work.

The Bill of Rights says everyone has the right to fair labour practices meaning an employer cannot unfairly discriminate against an employee.

Labour Relations Act (LRA)

This law regulates relations between employers and employees and governs issues such as the right to join trade unions and employer organisations, and the right to strike and lock out but it also refers to fundamental rights that are the same for all employees.

The LRA protects you from:

  • Unfair labour practices (e.g. being denied certain duties or rights because of your HIV status)
  • Unfair dismissals (e.g. being dismissed because you have HIV/AIDS)
  • If the reason for a dismissal is not fair, or a fair procedure is not followed, you can claim for ‘unfair dismissal’

Employment Equity Act (EEA)

EEA is aimed at creating an environment of equality and non-discrimination in the workplace.

The Act says that no person may unfairly discriminate against an employee or job applicant in any employment policy or practice on the basis of the listed grounds unless it is an inherent (essential) requirement of the job.

3.3. Listed grounds are but not limited to race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.

Employers may not unfairly discriminate against you because of your HIV status by:

  • Demoting or not promoting you
  • Block you from access to training and development
  • Make an unfair distribution of employee benefits to you.

The Occupational Health and Safety Act

Safety laws say that an employer must provide and maintain as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.

This means that all employers must make sure that the workplace is safe, and you are not at risk of getting infected with HIV at work.

Glucode has a duty to see that safety equipment such as:

  • rubber gloves are in every first aid box
  • protective clothing is provided where necessary

You must be trained in universal precautions and should have access to the equipment needed to use these precautions.

The Compensation for Occupational Injuries and Diseases Act (COIDA)

The COIDA gives you the right to compensation for accidents and illness that you get while working. If you become infected with HIV because of a workplace accident, you can claim for compensation.

An “occupational accident” is an accident arising out of and in the course of a person’s employment, which results in a personal injury, illness or death.

To get compensation, you need to show that HIV infection was the result of the occupational accident.

If an accident is not reported to an employer or the Compensation Commissioner within 12 (twelve) months, you lose the right to claim for compensation.

If you want to take any action against a hospital, the case must be started within 1 (one) year of the incident.

Duties as an Employer

Glucode may not:

  • ask a job applicant to take an HIV test when applying for a job
  • force you to take an HIV test or ask existing employees to test for HIV every year
  • Ask you to take an HIV test before being promoted or offered special training.

Info

If Glucode wants to test you for HIV and thinks that HIV testing may be important and reasonable for whatever reason, we must ask the Labour Court to allow for HIV testing. The Labour Court will then have to decide whether HIV testing is justified in our workplace.

Glucode may refuse to employ a person who is clearly too ill to work (for whatever reason). But to refuse to employ you simply because you are known or suspected to have HIV unfairly discriminates against you on the grounds of HIV status and is therefore unlawful.

An employer could only refuse to employ you as a person with HIV if being HIV negative was an inherent requirement of the job.

Glucode is allowed to dismiss you on the grounds of incapacity and poor work performance, even if you have not used all your sick leave.

The LRA Code of Good Practice states that dismissal sets out very clear procedures for employers and employees when dealing with dismissals for incapacity. It is unlawful for an employer to dismiss you simply because we suspect that you may have AIDS, but cannot show any evidence of incapacity.

To ensure dismissal for Incapacity is fair, Glucode will:

  • investigate the extent of the incapacity or injury
  • decide if it is likely to be permanent (long-term) or temporary (short term)
  • investigate alternatives to dismissal
  • consider the possibility of adapting the duties or work circumstances of the employee to accommodate the employee’s disability”

Dispute

You can take disputes on issues like dismissals or discrimination to a Bargaining Council (BC) or the Commission for Conciliation, Mediation and Arbitration (CCMA).

The BC or CCMA will try to resolve the dispute by conciliation, mediation or arbitration.

Cases on automatically unfair dismissals and unfair discrimination, will go directly to the Labour Court after conciliation at the BC or the CCMA.

You can appeal against decisions of the Labour Court by going to the Labour Appeal Court.

You must contact the CCMA or BC within 30 (thirty) days of being unable to resolve your dispute.