After being short-listed, MX, a casual labourer, was removed from consideration for full-time employment at a public company and from his temporary position with the same company due to his HIV status. He had been found fit for duty by a medical practitioner.MX filed suit in the High Court claiming that the company had violated his rights to earn a living and to equal protection.

The Court ordered the company to reinstate MX to his temporary position, allow him to reapply for full-time employment and pay compensation for the time he was out of work. In reaching its holding, the Court held that discrimination based solely on HIV status was arbitrary and unreasonable and thus a violation of the right to equal protection and to earn a living.

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