Search
Close this search box.

Dismissal of HIV-positive employee in response to colleague pressure breached human rights

In IB v Greece, IB told three colleagues he had contracted HIV.

In IB v Greece, IB told three colleagues he had contracted HIV. Those colleagues wrote to the employer saying IB had AIDS and should be dismissed. The information spread quickly throughout the organisation, but despite a doctor trying to reassure everyone by explaining the precautions to be taken, 33 employees wrote to the employer asking that IB be dismissed in order to preserve their health and right to work, and because the workplace's 'harmonious atmosphere' was at risk. ID was dismissed. The Greek Court of Cassation (GCC), held that dismissal was not wrongful where it was justified by the employer's interests, such as the restoration of harmonious collaboration between employees or the company's 'smooth functioning'. IB lodged an application with the European Court of Human Rights (ECtHR) arguing a breach of his human rights.

The ECtHR found that IB had been a victim of discrimination on account of his being HIV-positive. The dismissal in response to pressure from IB’s colleagues was a breach of Article 8 (the right to a private life) taken together with Article 14 (prohibition on discrimination when exercising other rights) of the European Convention on Human Rights. The GCC had accepted that IB's illness had no adverse effect on the fulfilment of his employment contract but had nonetheless based their decision to reject his complaint about his dismissal on clearly inaccurate information, namely the contagious nature of his illness. In doing so, the GCC had accepted the employees' biased and mistaken view of what was required to ensure the smooth functioning of the company and had failed to strike the correct balance, or to provide an adequate explanation, of how the employer's interests outweighed those of IB.

Read more

Latest News

Read More

The Carer’s Leave Act: Building caregiving into employee benefits

18 April 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Moulton CollegeSalary: £30,203 to £34,022 pa This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are

University of Warwick – Human Resources – Shared ServicesSalary: £23,144 to £25,138 per annum, pro rata This provides summary information and comment on the subject

University of Plymouth – HR OperationsSalary: £33,966 to £37,099 per annum – Grade 6 This provides summary information and comment on the subject areas covered.

The Head of HR Operations role has been created to harmonise and support the delivery of exceptional HR practices throughout the organisation.From Azets UK –

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE