'HIV dispute' – the facts

CLAIMS by a Port Elizabeth man that he was fired after disclosing his HIV status, which was reported in The Herald on Friday June 13, have been proven to be incorrect.

The Herald has been informed that the man's claims were dismissed in January by the Dispute Resolution Centre (DRC) of the Motor Industry Bargaining Council.

Jaques Meiring, 34, of Bluewater Bay, claimed he was forced in December to disclose his status to his manager at Blue Bay Engen and then dismissed after a disciplinary hearing.

However, Blue Bay Engen owner Heine Bruyns said Meiring faced three charges unrelated to his unconfirmed HIV status which led to his dismissal.

The charges were unauthorised absence for a lengthy period, abandoning his work place during working hours, and breaching company procedures when he surrendered his electronic supervisor authorisation card and keys to a junior member of staff.

When Meiring eventually returned to work, he summarily resigned which automatically activated his official notice period.

It should be noted that Meiring failed to submit medical certificates to explain his disruptive behaviour.

"At no stage did Meiring inform me of his medical condition. Meiring never raised this issue. He resigned voluntarily and no one dismissed him at that time," Bruyns said.

During the notice period the company elected to proceed with the internal disciplinary hearing, which was convened before an external chairman.

Bruyns said all three charges were serious and during the internal disciplinary hearing, Meiring had pleaded guilty to all of them.

"He was dismissed, effectively summarily terminating his notice period. Meiring then made a referral to the DRC based on an alleged unfair dismissal."

The DRC conciliation occurred in January where the commissioner accepted that he had been dismissed because he was found guilty on three separate charges of misconduct.

Robert Niemand of LabourNet, who represents Blue Bay Engen, said at the DRC conciliation a settlement agreement was reached in which Meiring was paid the balance of the statutory benefits due to him.

"In particular, we wish to quote from the settlement agreement which stated, by signing this agreement, the parties acknowledged the agreement was read to them and interpreted, and that they understood the content thereof. The agreement is in full and final settlement of the dispute referred to the DRC as well as in full settlement of all statutory payments due to the employee," Niemand said.

Meiring claimed he was under duress when he accepted and signed the settlement agreement and insisted his constitutional rights were violated because he was forced to disclose his status.

But the DRC pointed out in the agreement that Meiring voluntarily entered into it with full knowledge that he would not be able to proceed with any other disputes at a later stage.

DRC panellist Jonathan Gruss stated: "This agreement also resolves all disputes between the parties arising out of the employment relationship. The employee/ applicant specifically agree that this agreement resolves future disputes regulated in terms of the Labour Relations Act, Employment Equity Act, the Basic Conditions of Employment Act and Common Law."

Niemand said it was abundantly clear that no further labour dispute existed.

"Our client therefore seeks an unqualified retraction of the import of the article that there is any labour dispute that concerns Meiring or the allegation by him that his dismissal is related to his HIV status.

"The import of the ill-researched article has had a negative impact on our client's standing in the business community," Niemand said.

Meiring could not be reached for comment this week. – Herald Reporter