Talk Ain’t Cheap: Metalworkers Union Fined R100k For Revealing Employee’s HIV Status
The National Union of Metalworkers of South Africa (Numsa) and two of its members have been ordered by the Bloemfontein High Court to pay R100,000 in damages to an employee whose HIV status was disclosed without her consent in a grievance meeting.
Events Leading To The Invasion Of Privacy
IOL reported that the employee, identified as K.A.B, sued Numsa, its Free State regional secretary Andile Wiseman Zitho, and her supervisor for defamation and violation of her privacy and dignity after her supervisor revealed her HIV-positive status in front of 14 colleagues in February 2021.
According to the court papers, K.A.B had lodged a grievance against her supervisor for allegedly harassing and discriminating against her because of her health condition.
During the meeting to address the grievance, the supervisor said: “You are sick; you are HIV-positive” in Sesotho.
Court Stern On Metalworkers Union For Disclosing Employee’s HIV Status
The court found that the disclosure of K.A.B’s HIV status was public, unlawful, and intentional and caused harm to her reputation and dignity. The court also rejected the supervisor’s apology, which came after the damage was done and was delayed.
The court said that the disclosure of K.A.B’s HIV status was “a serious invasion of her privacy” and that it “stigmatised and humiliated” her. The court also said that the disclosure was “irrelevant and unnecessary” for the purpose of the meeting.
Employee Walks Away With R100k After Her HIV Status Was Exposed
The court awarded K.A.B R100k in damages, which must be paid jointly and severally by Numsa, Zitho, and the supervisor. The court also ordered them to pay K.A.B’s legal costs.
The court said that the more sensitive the information about a person, the more critical it is to protect it.