Firing employee due to HIV illegal — SC

The Supreme Court has ruled that firing an employee for testing positive for the human immunodeficiency virus (HIV) is illegal.

In a 14-page decision promulgated in February, the SC Third Division denied a petition filed by a recruitment agency assailing the ruling of the Court of Appeals that found that AAA’s dismissal was discriminatory.

“While it is true that disease may be a ground for termination under Article 299 of the Labor Code, as amended and renumbered, [the recruitment agency] conceded that ‘HIV positive is not yet an illness/disease’,” the Court said.

“There being no other reason proffered for AAA’s dismissal apart from his HIV status , the Court upholds the ruling of the CA that the NLRC did not commit grave abuse of discretion in finding that AAA was illegally dismissed,” it added.

According to the court, AAA was deployed to Saudi Arabia in October 2017 as a cleaning laborer through the recruitment agency.

After working for 15 months, AAA was found positive for HIV. This prompted his foreign employer to fire him, citing that Saudi Arabian laws consider an HIV-positive individual unfit for work.

Due to this, AAA filed a complaint for illegal dismissal, which was dismissed by the Labor Arbiter. The National Labor Relations Commission, however, reversed the ruling and found the recruitment agency and others liable for illegal dismissal.

This was affirmed by the Court of Appeals, leading the agency to file the present petition before the Supreme Court.

In ruling in favor of AAA, the court said that under the Philippine HIV and AIDS Policy Act, it is unlawful for employees to be terminated from work on the sole basis of their HIV status.

“Further, if the foreign law stated in the employment contract contradicts Philippine law, morals, good customs, public order, or public policy, then Philippine law shall apply,” the SC said.

“In this case, even if it is proven that Saudi Arabian law prohibits workers who test positive for HIV, RA 11166 takes precedence over it for being against Philippine law,” it added. — RSJ, GMA Integrated News