Widow living with Hiv sues for compensation in Kenya

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Widow living with Hiv sues for compensation

By Judy Ogutu

A former waitress yesterday told the court that her employer sacked

her after she tested HIV positive.

The widow, who is a mother of three, recalled how her colleagues

hovered outside the office after working hours, waiting to see her, on

the day she was sacked.

" I took long in the office and when I left I found my colleagues

outside. They looked shocked, " she said.

The former waitress told High Court Judge Justice Jacton Boma Ojwang'

that this made her suspicious.

She said she went to the doctor who had carried out the test and

learnt about her HIV status.

The former employee of Home Park Caterers said three managers summoned

her and told her that her services had been terminated.

" I asked the managers what was ailing me and one of them told me that

I am the one who went for the test and should know better, " she said.

Earlier, they had asked her what she was being treated for and she

told them she had chest pain, fever and rashes.

The woman captivated the court with her testimony and spoke steadily

with a strong and firm voice.

The court was packed with activists spotting red, yellow and white

T-shirts, with messages of hope for those living with or affected by Aids.

The judge took notes, and occasionally smiled as the public roared

with laughter at her remarks.

She told the court she knew about her status after being sacked on

April 30, 2002. Her sacking letter indicated she had incurred a huge

medical bill.

She said the doctor did not ask her to go for the test with her

husband. Neither did he inquire about his condition. Her husband died

in December 2002.

The woman, who has sued Home Park Caterers, Dr Primus Ochieng' and

Metropolitan Health Services Limited, is demanding compensation.

She claims her dismissal was unlawful and a violation of her

fundamental rights, because the test was conducted without her consent.

She says it also violated her right to privacy as it was disclosed to

her employer without her consent. The doctor, she argues, violated her

rights by not counseling her.

Through her lawyer, Mr Otiende Amollo, she is seeking reinstatement or

damages for " unfair dismissal. "

Home Park's lawyer said she was not dismissed because of her HIV

status but due to absenteeism.

http://www.eastandard.net/hm_news/news.php?articleid=25170

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The court was packed with activists spotting red, yellow and whiteT-shirts, with messages of hope for those living with or affected by Aids.

A GOOD LESSON TO EMPLOYERS.

WAMS

In a message dated 7/14/2005 9:41:58 A.M. Central Standard Time, chifu2222@... writes:

Widow living with Hiv sues for compensationBy Judy OgutuA former waitress yesterday told the court that her employer sackedher after she tested HIV positive.The widow, who is a mother of three, recalled how her colleagueshovered outside the office after working hours, waiting to see her, onthe day she was sacked."I took long in the office and when I left I found my colleaguesoutside. They looked shocked," she said.The former waitress told High Court Judge Justice Jacton Boma Ojwang'that this made her suspicious.She said she went to the doctor who had carried out the test andlearnt about her HIV status.The former employee of Home Park Caterers said three managers summonedher and told her that her services had been terminated."I asked the managers what was ailing me and one of them told me thatI am the one who went for the test and should know better," she said.Earlier, they had asked her what she was being treated for and shetold them she had chest pain, fever and rashes.The woman captivated the court with her testimony and spoke steadilywith a strong and firm voice.The court was packed with activists spotting red, yellow and whiteT-shirts, with messages of hope for those living with or affected by Aids.The judge took notes, and occasionally smiled as the public roaredwith laughter at her remarks.She told the court she knew about her status after being sacked onApril 30, 2002. Her sacking letter indicated she had incurred a hugemedical bill.She said the doctor did not ask her to go for the test with herhusband. Neither did he inquire about his condition. Her husband diedin December 2002.The woman, who has sued Home Park Caterers, Dr Primus Ochieng' andMetropolitan Health Services Limited, is demanding compensation.She claims her dismissal was unlawful and a violation of herfundamental rights, because the test was conducted without her consent.She says it also violated her right to privacy as it was disclosed toher employer without her consent. The doctor, she argues, violated herrights by not counseling her.Through her lawyer, Mr Otiende Amollo, she is seeking reinstatement ordamages for "unfair dismissal."Home Park's lawyer said she was not dismissed because of her HIVstatus but due to absenteeism.http://www.eastandard.net/hm_news/news.php?articleid=25170