HIV positive nurse fired

A nurse in Harare was dismissed from St Anne’s Hospital after serving the institution for two years when her employer found out that she was HIV positive.

The woman was diagnosed with HIV in 2003 when she was employed at Avenues Clinic in Harare before retiring in 2006 due to deteriorating health. She applied for a job at St Anne’s Hospital upon recovery in 2010 and was asked to disclose if she was suffering from any serious illness including HIV. The matter came to light when she suffered a stroke in 2012 and St Anne’s ordered an investigation which revealed that she had  not supplied important information about her health. The findings resulted in her dismissal.

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The National Employment Council’s Appeals Committee ordered her reinstatement but St Anne’s challenged the decision at the Labour Court. While St Anne’s challenge was pending, the woman filed an application directly at the Constitutional Court arguing that her right to privacy in terms of Section 57(e) of the Constitution had been violated by St Anne’s Hospital. However, Chief Justice Luke Malaba, sitting with eight other judges dismissed her application, saying no rights had been violated.

More: Herald

St Anne’s HospitalLuke MalabaConstitutional Court

St Anne's Hospital is a private health institution located along King George Road in Avondale, Harare. The hospital is owned by CAPS Holdings. The hospital used to be run by LCM before it was sold to Fred Mtandah’s CAPS Holdings in 2004. The hospital has... Read More About St Anne’s Hospital

Luke Malaba is a former Zimbabwean Chief Justice of the Supreme Court of Zimbabwe he was appointed Chief Justice of Zimbabwe by former President Robert Mugabe with effect from the 27th of March 2017. Before that he was the acting Chief Justice after the retirement... Read More About Luke Malaba

The Constitutional Court is the final court of appeals for all matters relating to the Constitution of Zimbabwe, and its decisions are binding on all other courts in Zimbabwe. It has the power to make the final decision on the constitutionality of an act of... Read More About Constitutional Court

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One Comment on “HIV positive nurse fired

  1. She lost the case because she was not truthful in the first place. Labour laws are very clear on such issues. Either she should have challenged the inclusion of the question on the application form before being engaged by the employer if she felt discriminated.

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