Monare v Botswana Ash (Pty) Ltd (Industrial Court 2004)
2nd January 2004, 12:00 pm
Monare, who was HIV positive, worked for Botswana Ash for seven years as a personnel officer in charge of industrial relations. As his medical condition deteriorated, his employment was terminated. Monare sued Botswana Ash alleging his dismissal was unfair since it was based on his HIV status.

The Court held that the termination was substantively fair, but procedurally unfair and awarded Monare compensation accordingly. In reaching its decision the Court reinforced the principle that an individual’s HIV status cannot in itself be a valid ground for termination. But the Court in this case found that Botswana Ash did not dismiss Monare due to his HIV status, pointing to the fact that they had been aware of his HIV status for years, and only dismissed Monare after his deteriorating health impacted his work.

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