NUPSAW POLICY ON HIV/AIDS
PREAMBLE
The Union as an organisation and as employer acknowledge the seriousness of HIV/AIDS epidemic and the impact it will have on all dimensions of human resources management and the economic disastrous effects it has. The Union therefore commit itself to the development of strategy to develop a cure , reduce new infections and prevent any discrimination towards HIV positive persons.
In addition it is committed to ensure that the human rights of all employees and members suffering from HIV are protected at all times and any violation thereof disciplined in terms of the relavant statutory provisions.
OBJECTIVES OF THE HIV/AIDS POLICY
The objectives of the HIV/AIDS policy are to:
2.1 Protect the dignity and human rights of persons infected and affected by HIV
2.2 avoid discrimination against these person in the provision of services, employment and training.
2.3 ensure the confidentiality of status of persons with HIV/AIDS is maintained,
2.4 contribute to the effective preventive measures against the spread of HIV through the provision of educative information on the epidemic and distribution of condoms
2.5 create a non-discriminatory and sensitive environment for employees and members infected and affected by HIV and AIDS
2.6 ensure, in-consultation with medical institutions (both western and traditional) that treatment and counselling to those infected and affected is provided.
2.7 contribute and encourage participation in research programmes aimed at finding cure (treatment) of the disease.
THE HIV/AIDS POLICY
The Union through the HIV/AIDS programme will ensure that there is
3.1. Equity in job access i.e. no pre-employment HIV screening to be conducted to any person.
3.2 Job security : Protection against dismissal or demotion on the basis of a person’s HIV status.
3.3 no disclosure of the employee’s/member’s status : the employee/members will be encouraged but not compelled to reveal his/her zero-status.
3.4 confidentiality regarding the person’s HIV status will be maintained whenever possible, but where need arises, the consent of the employee/member affected will be obtained before disclosure.
3.5 no person may unfairly discriminate, directly or indirectly against an HIV positive employee in any employment policy and practice.
MANAGING EMPLOYEES WITH HIV/AIDS WITHIN UNION
4.1 HIV positive employees can remain physically fit to perform their duties for more than five years after being diagnosed and that they will be treated like any employee with chronic disease like diabetes, kidneys disease or any life threatening disease like cancer.
4.2 In addition to the above, an HIV positive employee will not be dismissed while he/she is still capable of performing his/her duties merely because of being HIV positive as this is regarded as discrimination.
4.3 The Union will be sensitive and understanding to socio-economic and personal problems that HIV can cause for an infected person and shall endeavour to assist as best as possible e.g allow him/her time to attend counselling services when required.
4.4 A medical doctor in charge of the HIV positive person can advice when the infected person can have his/her employment terminated on deteriorating health. The Union will have a mandate request to an employee to terminate duties when he/she cannot perform satisfactorily and has been made aware of the fact in writing
4.5 The personal file of the employee shall be treated with confidentiality. Discussions and decisions about his/her status will be conducted in his/her presence or with his/her permission whenever necessary.
4.6 Employees who show discriminatory attitudes will be disciplined accordingly since all employees will be exposed to information about the epidemic, which aims at discouraging such behaviour among colleagues
4.7 Any dispute arising between an HIV positive employee and the Union and considered by the latter as a form of discrimination and cannot be resolved internally, should be handled according to the dispute resolution procedures prescribed by the LRA(66 of 1995) as amended and includes access by the employee to the CCMA.
CONSULTATION WITH OTHER INSTITUTIONS WITH HIV/AIDS PROGRAMMES
The Union will network and engage for effective management of the epidemic thereby reducing the impact that will result from the effects of HIV/AIDS by working together towards finding cure, prevention and treatment with other institutions.
