OBJECTIVES:

The purpose of this policy is to provide clarity on SKOSI GPS HOLDINGS (Pty)Ltd responsibilities and commitments with regard to HIV and AIDS, and the comprehensive management of HIV positive employees and employees living with AIDS. The policy is also aimed at focusing on aspects of HIV and AIDS which, if not carefully addressed, may impact on SKOSI GPS HOLDINGS (Pty)Ltd business and/ or the wellbeing of its employees. SKOSI GPS HOLDINGS (Pty)Ltd recognizes the seriousness and the implications of HIV and AIDS for the individual employees, as well as co-workers of affected individuals.

SCOPE:

The scope of this policy applies to all staff.

RESPONSIBLE PERSONS:

All levels of management.

All employees.

POLICY:

SKOSI GPS HOLDINGS (Pty)Ltd acknowledges the seriousness of the HIV and AIDS epidemic and seeks to minimize the social, economic and developmental consequences to the company and its employees through a proactive policy and support. SKOSI GPS HOLDINGS (Pty)Ltd is fully committed to protect its employees, create awareness, encourage behaviour changes where necessary, as well as ensure that all employees are treated with the necessary dignity, fairness and equality.

SKOSI GPS HOLDINGS (Pty)Ltd commits itself to the following in as far as HIV and AIDS are concerned:

• HIV positive employees will be governed by the same contractual obligations as all employees.
• HIV and AIDS education and awareness training will be made available to all employees.
• Pre- and post-test counselling services will be provided for employees wishing to be tested or for those who are infected with the virus.
• SKOSI GPS HOLDINGS (Pty)Ltd will ensure that where necessary affected employees, colleagues and managers receive appropriate advice and guidance should such a colleague wish to disclose their status.
• The company will also ensure that affected employees are referred to appropriate professionals for medical and counselling services.
• Consultation with effected employees in managing their illness will also be ensured.

CONFIDENTIALITY:

Persons with HIV or AIDS have the legal right to confidentiality and privacy concerning their health and HIV status. Under no circumstances will employees be obligated to disclose their HIV status.

Where an employee chooses to voluntarily disclose his/her HIV status to the employer, this information may not be disclosed to any other party without the employee’s expressed consent.

All medical information regarding employees with HIV and AIDS will be kept strictly confidential, except where required by law to be disclosed to specified people or/with the consent of the employee. Should any person within SKOSI GPS HOLDINGS (Pty)Ltd disclose such information, without legal authority or relevant consent from the employee, appropriate disciplinary action will be instituted. 

TESTING:

No  SKOSI GPS HOLDINGS (Pty)Ltd employee shall be required to undergo HIV testing, unless undertaken with informed and explicit consent of the employee and with the objective being to assist the employee in obtaining the appropriate support and care (counselling). HIV testing will not form part of the recruitment and selection process.

Non-discrimination

HIV and AIDS are infections that show no racial, gender or class boundaries. SKOSI GPS HOLDINGS (Pty)Ltd believes that a person with the HIV or AIDS must be treated on a similar basis to any other employee suffering from a life threatening disease. Employees who are HIV positive or those with AIDS will not be subjected to any form of victimisation or discrimination. The presence of HIV or AIDS does not justify termination of employment, demotion, or discrimination in employment. The compulsory conditions of service, including, stated benefits, sick leave, training and development will continue. Employees living with AIDS and HIV have the same rights and obligations as all staff.

PRESENT EMPLOYEES:

SKOSI GPS HOLDINGS (Pty)Ltd acknowledges that employees with HIV and AIDS as well as other life threatening diseases may sometimes need continued therapeutic assistance in order to continue performing their duties. SKOSI GPS HOLDINGS (Pty)Ltd commits itself to assisting employees wherever possible and necessary. Thus the employees who are aware that they have a life threatening disease are encouraged to inform the company as soon as possible to enable the company to assist. This information will be treated with the highest level of confidentiality.

INCAPACITY TO PERFORM NORMAL DUTIES:

Once an employee’s disease starts to impact on his/her ability to perform his/her duties or attendance, the normal incapacity procedures will apply.

COLLEAGUES OF EMPLOYEES IDENTIFIED AS HIV POSITIVE:

Normal contact in the workplace cannot transfer the HIV virus between people. Educational programmes in the workplace informing employees of the facts of HIV and AIDS should encourage the appropriate attitude in this regard. Unless the HIV positive employee is acting inappropriately, it is not acceptable for colleagues to refuse to work with that person.

Should an employee, after reassurance and with all appropriate safety and health precautions being taken and supplied by the company, remain unwilling to work with the HIV positive employee and this refusal affects productivity, he/she will be warned that his/her reactions are unreasonable, medically unjustified and that action may be taken against him/her.

Any colleague of an HIV positive employee who embarks on any form of discrimination towards the particular employee may be subjected to the company’s disciplinary procedure.

RIGHTS AND RESPONSIBILITIES:

This policy is in compliance with existing South African laws regarding HIV and AIDS. The following acts should be read in conjunction with the policy:

1. Employment Equity Act, No. 55 of 1998;
2. Labour Relations Act, No. 66 of 1995;
3. Occupational Health and Safety Act, No. 85 of 1993;
4. Basic Conditions of Employment Act, No. 75 of 1997;
5. Medical Schemes Act, No. 131 of 1998.