Catholic Information Service for Africa (Nairobi)
11 July 2008
Nairobi — A woman has won nearly 33,000 USD against her former employer for unfair dismissal after testing HIV-positive.
The 45-year-old widow, a waitress for eight years at Home Park Caterers, got the award in an out of court settlement. She was dismissed on medical grounds after her employer established without her knowledge that she had been infected with HIV.
A doctor at a Nairobi hospital tested her without her knowledge and consent and forwarded the medical report to the employer. She told the court that her constitutional right to privacy had been violated. The widow also argued that her right to gainful employment was infringed upon.
However, Home Park defended itself saying that her sacking did not arise from the medical report and that the company had not been aware of any such report when sacking her.
The woman told the court that Dr Primus Ochieng' of Metropolitan Hospital breached his professional and statutory duty to counsel and disclosed her HIV status to her.
But in his defence, the doctor said that he prepared the medical report upon request and gave it to her personally and that Home Park neither asked him to do the test nor released the results.
The woman narrated in an open court how she suffered stigma at her former workplace.
Her ex-employer, the hospital and the doctor agreed to pay the money to cover and settle any damages in respect of the suit plus all legal costs. The former employer will also pay her terminal dues.
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