Background and Analysis of the case:
In the case, the respondent had given the claimant a contract of service on a casual basis as a telephone operator in 2000. In 2003, her supervisor recommended her for a higher position, which she applied for and under that application included a medical test that did not indicate the testing for HIV. After undergoing the test, she was informed she was HIV positive and thereafter her promotion bid failed, causing her to continue employment on a casual basis even while her co-workers were promoted. In 2006, she wrote to the Personnel Officer having been aggrieved by her employment status and meagre salary which was responded to seven months after, giving her a one-year contract without benefits enjoyed by her colleagues. She continued on these terms till 2010 when her contract was terminated.
Court's DETERMINATION:
The court found that the actions of the respondent indicated that the real reason behind the non-renewal was her HIV status as indicated by their lack of intention to employ her on permanent terms and thus resulted in unfair termination.
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