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28 Sep 2000

Equal Rights Trust

[PDF] Hoffman v South African Airways [case analysis]

The appellant, Hoffman, was HIV positive. In September 1996 he applied for employment as a cabin attendant with South African Airways (SAA)… he was deemed 'unsuitable' due to the HIV positive test. He challenged the constitutionality of the refusal to employ him on the basis that it was unfair dismissal and violated his constitutional right to equality...and fair labour practices. The Court set out that those living with HIV, including the appellant, were a vulnerable minority treated with intense prejudice by society…The Court held that the appellant, having been denied employment solely because of his HIV status should be entitled to the fullest redress…