Important note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
Sunday Times (Johannesburg) - December 15, 2002
Gill Moodie and Shanthini Naidoo
In a potentially precedent-setting case, I&J this week asked the Labour Court in Cape Town to allow companies to provide testing - if they can guarantee it is voluntary and confidential - after they started an HIV/Aids education programme for their Cape Town workers last year.
I&J started voluntary testing in June but stopped when it was told it needed Labour Court approval. In papers before the court, the company says it wants to continue its testing so that it can accurately assess the potential impact of HIV/Aids on its workforce and plan accordingly. It wants to be told by its testing agency only the number of HIV-positive workers in various age and health categories.
Granting the application would increase testing countrywide, said I&J's attorney Dave Loxton, adding that small and medium businesses could not afford to go to court.
Henk de Beer, I&J's Cape Town trawling human resources manager, said: "Employers don't get involved in the nitty-gritty of HIV/Aids. This would allow them to get involved in testing and wellness programmes."
"The union is 110% behind I&J on this," said Trawler and Line Fishermen's Union shop steward Kenny Adams. He added that employees would be more likely to seek counselling if they knew their HIV status, thus removing the stigma around the disease.
The union has about 800 members out of I&J's 1 100 Cape Town staff.
Jennifer Joni, an attorney at the University of Witwatersrand Aids Law Project, said this week the project supported I&J's move because the law was not intended to prohibit voluntary testing.
"The Department of Health says people should be finding out about their HIV status - that is the same thing that should be happening in our workplaces."
If the application is granted, HIV/Aids counsellor Lucia Aranes will counsel I&J's employees. "We want to educate people so that they can make informed decisions. And it's not only to provide support for those who are HIV-positive.
We want to encourage those who are HIV-negative to remain negative," she said.
Acting Judge Owen Rogers will give his decision on Tuesday.
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