10.1) Being HIV positive or having AIDS is not a sufficient reason to dismiss a person. Employees with HIV/AIDS may not be dismissed solely on the basis of their HIV status.
10.2) Where an employee has become too ill to work, an employer is obliged to follow accepted guidelines regarding dismissals for incapacity before terminating an employee’s services. These include attempts to adapt the employee’s duties, to accommodate the employee’s disability and to find alternative employment far the employee.
10.3) 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.