Joy Mining Machinery v NUMSA

In Joy Mining Machinery v NUMSA, an important case in South African labour law, the court held that the following considerations should be taken into account in determining whether or not HIV testing by employers of their employees is justifiable:

• the prohibition on unfair discrimination;
• the need for such testing;
• the purpose of such testing;
• the medical facts;
• the employment conditions;
• social policy;
• the fair distribution of employee benefits;
• the inherent requirements of the job; and
• the category or categories of jobs or employees concerned.

The court will also want to be informed about the following, which do not go to the question of justifiability, but which are also relevant to arriving at a proper decision:

• the attitude of the employees;
• the financing of the test;
• the preparations for the test;
• pre-test counseling;
• the nature of the proposed test and procedure; and
• post-test counseling.

References

• Joy Mining Machinery a division of Harnischfeger (South Africa) (Pty) Limited v National Union of Metal Workers of South Africa (NUMSA) and Others (J 158/02) [2002] ZALC 7 (31 January 2002).

Notes