Jurisprudence

2010

  1. Kylie v. CCMA & Others

    01 January 2010

    The appellant, a sex worker, alleged that she had been unfairly terminated from her employment in a massage parlour.

2009

  1. Hossou Djossou Z. Prisque v. Plan International Benin

    20 July 2009

    The applicant alleged that her employer terminated her employment while she was on maternity leave on the basis that she could no longer carry out the duties attached to her position.

  2. Quinton Atkins v. Datacentrix (PTY) Ltd

    01 January 2009

    The applicant alleged that he had been subjected to unfair discrimination due to his gender identity. He claimed that the respondent employer had unfairly terminated his employment once the applicant had informed the employer of his intention to undergo a gender-reassignment process (sex change) from male to female.

2008

  1. Giguère v. Popeye Restaurant

    01 January 2008

    The applicant alleged that her employment was terminated by her employer on the basis that her common-law spouse was HIV positive.

2005

  1. X v. The Chairman, State Level Police Recruitment Board and Others

    01 January 2005

    The petitioner alleged that he had been denied training for the post of stipendiary cadet trainee sub-inspector of police (civil) on the basis of his HIV status.

2004

  1. Lemo v. Northern Air Maintenance (Pty) Ltd

    22 November 2004

    The applicant alleged unfair dismissal on the basis of his HIV status. He sought compensatory damages and reinstatement.

  2. Monare v. Botswana Ash (Pty) Ltd

    28 March 2004

    The applicant alleged that his employment was terminated by his employer on the basis of his HIV status.

  3. Odafe and Others v. Attorney-General and Others

    01 January 2004

    The applicants were prisoners awaiting their trial. They sought a declaratory judgment, alleging that their continuous detention, and t segregation and discrimination on the basis of their HIV status, was a violation of their constitutional right to dignity. The applicants sought a declaration that, as confirmed HIV/AIDS patients, they had a right to proper medical treatment while in prison custody. In addition, they sought a declaration that prison authorities had violated their fundamental rights under the Nigerian Constitution and the African Charter of Human and Peoples’ Rights and a declaratory order instructing the authorities to relocate them to designated government-owned hospitals for proper medical treatment.

2003

  1. Diau v. Botswana Building Society

    19 December 2003

    The applicant alleged that her employer excluded her from employment after she refused to undergo an HIV test.

2002

  1. Minister of Health and Others v. Treatment Action Campaign and Others

    01 March 2002

    The appellants, the Government of South Africa, applied for leave to file an urgent appeal against an interim order of execution from the High Court in Pretoria, ordering the government to make the drug Nevirapine available to mothers and their new-borns in certain public health facilities.