PNK v Jalaram Laboratory, Diagnostic (Radiology Services) [2020] KEHAT 113 (KLR)

Facts

The Claimant was tested for HIV without her consent at a medical facility. She was informed of her HIV status by a third party in the presence of her former employer's daughter.

Issues

1. Whether the Respondent obtained prior informed consent of the Claimant before testing her for HIV
2. Whether the Respondent administered and/or provided the Claimant with the mandatory pre and post HIV test counselling therapy
3. Whether the Respondent disclosed the Claimant’s HIV test results to a third party
4. Whether the Respondent’s actions led to the Claimant’s dismissal from employment

Reasoning

The Tribunal found that the Respondent did not provide the Claimant with sufficient information to give informed consent, and the Claimant did not understand the test results due to language barriers.

Outcome

Affirmed

Authorities cited