Court rules in favour of HIV positive man
EPHRAIM KEORENG
Staff Writer
| Wednesday August 6, 2008 00:00
Details of the case are that 49-year-old, Benson Modukanele, was fired after revealing his HIV status to Hitecon managing director, Hu Zhongwen.
Botswana Network on Ethics Law, HIV and AIDS (BONELA) legal officer, Uyapo Ndadi, represented Modukanele whilst its financial manager, Tian, represented the company.
During cross-examination, Modukanele revealed that he worked for the company for eight months, working Monday to Sunday, 11 hours per day. He told court he never absconded nor misbehaved and that the company management, especially the managing director, were pleased with his service.
'I took an HIV/AIDS test and was found to be positive. The doctor gave me a week's sick leave so I could go for medical attention. When I told the managing director about my condition and that I would be on leave for a week, he said he wouldn't work with someone who was HIV/AIDS positive,' he said.
Modukanele said that his pleas for mercy fell on deaf ears; so he approached BONELA for help. When asked if he ever underperformed after disclosing his HIV/AIDS status, he said his performance levels never changed. He pleaded with the court to order the company to compensate him with six- months salary, leave pay and overtime pay.
Justice Tebogo Maruping ordered that in terms of Section 24 of the Trade Disputes Act, the company must pay Modukanele P10, 800, as six months' compensation. He also ordered that he be paid P192.40 as leave pay, which had been unlawfully withheld.
The company was also ordered to pay him P3, 347.55 overtime pay, and P10 085.90 as payment for working on holidays and during days off.
'The respondent is hereby further directed to pay the amounts referred to, totalling P24, 425.85 to the applicant, through the Office of the Registrar of this court on or before August 29, 2008,' he said.