HIV/ AIDS (AND LIFE THREATENING DISEASES) POLICY
1.INTRODUCTION
The Company acknowledges the seriousness of life threatening diseases like AIDS as a medical reality, with both social and economic implications. For this reason, the Company believes it is necessary to set out a formal policy in this regard.
HIV/ AIDS is a disease which shows no racial, gender or class boundaries. It is largely the behaviour of the individual that places him/her at risk or protects him/her against the disease.
The Company believes that HIV/ AIDS sufferers should be treated on a similar basis to any other Employee suffering a life threatening disease. As such, Employees who are either HIV- positive or AIDS sufferers should not be subject to any form of victimization or discrimination.
2.PURPOSE
The purpose of the HIV/ AIDS policy is to provide clarity on the Company’s views and comments in this regard.
3.MANDATORY PROVISIONS
3.1The Company commits itself to the following mandatory provisions in ensuring that the implications of HIV/ AIDS are effectively addressed in the workplace.
3.1.1No flags or symbols will be used on any Employee’s medical, personnel or other records to indicate HIV status.
3.1.2Where an employee chooses to voluntarily disclose his or her HIV status to the Company, this information may not be disclosed to others without the employee’s express consent.
3.1.3Only the Employee and the Human Resource department are to have knowledge of the said Employee’s HIV status. It is the discretion of the employee to inform whoever else he/she wishes to.
3.1.4Any breach of rule 3.1.2 above may result in disciplinary action.
3.2Prospective Employees will not be required to undergo HIV testing as a condition of the selection procedure.
3.3 Employees or prospective Employees with HIV/ AIDS shall be treated justly and humanely. He/ she will not be treated differently from those Employees with comparable life threatening diseases.
3.4All persons with HIV or AIDS have the legal right to privacy. An employee is therefore not legally required to disclose his or her HIV status to the Company.
4.RECRUITMENT
Many factors are taken into account in the selection of suitable applicants. The medical criterion for employment is fitness to fulfill the job requirements. The selection process may include a medical examination designed to screen applicants in a cost-effective manner. Such screening should be based on job-related criteria.
With special reference to HIV/ AIDS, the Company acknowledges the sensitivity of requiring prospective new employees to have HIV antibody tests and rejects this as a procedure. The Company does not believe that testing prospective Employees is effective either in preventing the spread of HIV/ AIDS or protecting existing employees.
5.PRESENT EMPLOYEES
The Company acknowledges that continued employment for an Employee with a life threatening disease may sometimes be therapeutically important in the remission or recovery process or may prolong that Employee’s life.
Employees who are aware that they have a life threatening disease need only inform the Company once they are unable to perform their tasks or if they are recommended to do so by a counselor or medical practitioner.
As long as these Employees are able to meet acceptable standards of work performance and work attendance and given the medical opinion indicating that their condition is not a threat to others, treatment of these Employees should be sensitive and consistent with treatment of other employees.
At the same time the Company has an obligation to provide a safe working environment for all employees and customers. Thus appropriate precautions should be taken to ensure that an Employee’s condition does not present a health and/or safety threat to other Employees or customers.
Accepting that Employees with life threatening diseases do not pose a threat to colleagues, it is expected that colleagues will work in the usual way with affected persons.
The following conditions apply:
- All Employees with HIV/ AIDS will be governed by the same contractual obligations as other Employees.
- HIV/ AIDS will not be a justification for the non-performance of duties agreed to between the Company and the Employee.
- HIV/ AIDS shall not be used as a criterion for promotion, training and/or development opportunities.
- An Employee with HIV/ AIDS will not be dismissed on the basis of his/her HIV status, nor will it influence retrenchment procedures.
Consistent with the Company’s concern for an Employee with a life threatening disease, a commitment is made offering:
- Advice on the rights of afflicted Employees and their colleagues;
- Education to Employees and Management on life threatening diseases;
- Referral to medical and other resources such as counseling services;
- Consultation with affected Employees on appropriate and acceptable conditions of employment to assist them in managing their illness.
6.TESTING OF EMPLOYEES
No person employed by The Company may require an employee, or an applicant for employment, to undertake an HIV test in order to ascertain that employee’s HIV status, unless authorization has been obtained from the Labour court. This includes HIV testing:
- During an application for employment.
- As a condition of employment.
- During procedures related to termination of employment.
- As an eligibility requirement for training or staff development programmes.
- As an access requirement to obtain employee benefits.
7.EMPLOYEE BENEFITS
Medical Aid / Clinic Services
It is the Employee’s responsibility to check with their Medical Aid as to their benefits. If the Employee is not a member of a Medical Aid and/or has fully utilized available Medical Aid limits, the Employee should be encouraged to use Clinics or Provincial Hospitals who also provide full counseling services.
8.DISABILITY
Application for disability cover relating to incapacity can only be made if the Employee’s condition has been disclosed.
Should an Employee be unable to perform his/her duties due to pro-longed ill health, an application can be made to the relevant insurance company for disability cover. This can only be done if all medical information is disclosed. In this event the decision to grant a disability claim is made by the medical review board of the insurance company and not Associated Motor Holdings (Pty) Ltd. Assistance will be given in preparing documentation.
Associated Motor Holdings (Pty) Ltd and its employees are unable to make application for disability cover if medical information is not disclosed. In this instance, the company would be forced to institute disciplinary actions, if an acceptable reason for not performing duties has not been supplied.
Associated Motor Holdings (Pty) Ltd – Policies & Procedures