Diau v Botswana Building Society (Industrial Court 2003)
2nd January 2003, 12:00 pm
Diau’s employment at the Botswana Building Society (BBS) was conditional upon a six-month probationary period and a full medical examination. Part of the medical examination included an HIV test, which Diau refused to take. She was dismissed. Diau filed a claim against the BBS alleging violations of her right to privacy, be free from unfair discrimination, liberty, and be free from inhuman and degrading treatment.

The Court held that Diau’s dismissal, being directly linked to her refusal to submit to an HIV test, violated her right to liberty and to be free from inhuman and degrading treatment. Because Diau had refused to submit to the mandatory HIV test, the Court found that her right to privacy had not been violated. Similarly, the Court found that Diau’s right to be free from unfair discrimination was not violated on these facts; though it did note that discrimination based on one’s perceived HIV status would violate the Constitution.

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