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Different ways to fight against unfair dismissal on the grounds of HIV/AIDS Status

Pärli, Kurt. (2015) Different ways to fight against unfair dismissal on the grounds of HIV/AIDS Status. European Labour Law Journal, 6 (4). pp. 373-385.

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Official URL: http://edoc.unibas.ch/42505/

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Abstract

Stigma and discrimination against HIV-positive employees – caused by irrational fears of getting infected – is widespread in the world of work. This paper deals with three dismissal cases on the ground of the HIV status – all debated in 2013 in Switzerland, Germany and Greece – where courts at different levels on the basis of a different legal framework came the same conclusion that the dismissal was not legal. Common to all cases is the fact that the relevant HIV-positive employees haven’t had any restrictions regarding their ability to work. In all cases, not scientifically proven prejudices regarding the transmission risk of the HIV status have caused irrational behaviour by different stake holders. The three judgments discussed in this article indicate the right way to deal with these issues, but, there are different roads to Rome – and nothing can be said against a variety of approaches
Faculties and Departments:02 Faculty of Law > Departement Rechtswissenschaften > Fachbereich Privatrecht > Professur Soziales Privatrecht (Pärli)
UniBasel Contributors:Pärli, Kurt
Item Type:Article, refereed
Article Subtype:Research Article
Publisher:Intersentia
ISSN:2031-9525
Note:Publication type according to Uni Basel Research Database: Journal article
Last Modified:14 Mar 2019 13:51
Deposited On:14 Mar 2019 13:51

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