BAO v China Henan International Co-operation Group Co. Ltd [2021] KEHAT 86 (KLR)
- Court
- KEHAT
- Case number
- 86
- Citation
- [2021] KEHAT 86 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunalPostureClaimant vs RespondentCoramHelene Namisi (Chairperson), Melissa Ng'ania, Justus T. Somoire, Dr. Maryanne Ndonga, Tusmo Jama, Dorothy Kimengech
Holding
The Respondent is vicariously liable for the actions of [Particulars Withheld] Healthcare Limited, and the Claimant is entitled to damages for forced HIV testing, breach of privacy, and other reliefs.
Facts
The Claimant was forced to undergo HIV testing by Respondent's agents on March 5, 2021, and later had the test retaken under duress. The Claimant was subsequently dismissed and faced discrimination.
Issues
- Whether the Claimant was compelled to undergo HIV testing without informed consent.
- Whether the HIV test was preceded by pre-test counselling and followed by post-test counselling.
- Whether the Respondent unlawfully disclosed the Claimant’s HIV status.
- Whether the Claimant was discriminated against based on her HIV status.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Tribunal found that the Respondent is vicariously liable for the actions of its agent, and that the Claimant was not given informed consent prior to the testing.
Outcome
The Respondent is ordered to pay damages and other reliefs to the Claimant.
Orders
- The Respondent is ordered to pay damages and other reliefs to the Claimant.
Remedies
- Damages and other reliefs to the Claimant.
Authorities cited
Cases cited (2)
- CNM –vs- The Karen Hospital Ltd, HAT No. 08 of 2015 (unreported)
- Messina Associated Carriers –vs- Kleinhaus [2001] 3 All SA 285 (SCA)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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