Lemo v Northern Air Maintenance (Pty) Ltd (Industrial Court 2004)
2nd January 2004, 12:00 pm
Lemo, an employee of Northern Air Maintenance, was dismissed the day after he disclosed his HIV status to his employer. During the final four years of his employment, Lemo’s health deteriorated and he had taken all of his annual leave, sick leave, and repeatedly was on unpaid leave. There was a factual dispute as to whether Lemo was terminated due to his HIV status or his frequent absence from work.

The Court held that the Northern Air Maintenance dismissed Lemo due to his HIV status. In reaching its decision, the Court pointed to the fact that the Northern Air Maintenance had tolerated Lemo’s frequent absence from work for about three years until they discovered his HIV status whereupon he was dismissed. The Court also held that Lemo’s dismissal was procedurally unfair as it was not preceded by the appropriate consultation and discussion procedures. The Court awarded Lemo compensation equivalent to six months’ salary.

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