Brian applies for a job with the South African Police Services (SAPS). On the application form he fills in that he is HIV-positive. The SAPS refuses to employ him and give him no reasons explaining their refusal.

What Does the Law Say?

The SAPS must give Brian reasons why he didn’t get the job. The Labour Relations Act and the Equality Act say an employer cannot refuse to employ a person because they have HIV. This is discriminating against the person.

(See: Laws that give employees with HIV and AIDS or TB rights at work) (See: Section 33: Just Administrative Action)

What Can You Do?

You can help Brian find out the reasons why he didn’t get the job. If the SAPS refuses to give the reasons, Brian can complain to the Department of Safety and Security.

If the reasons do not seem valid, and Brian suspects that the real reason he didn’t get the job is because he is HIV-positive, he can take up a case of an unfair labour practice involving arbitrary discrimination against the SAPS.

You can help Brian fill in the correct form to refer his case to the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA will investigate the allegation of discrimination.

(See: Solving disputes under the LRA)