Time for laws to protect AIDS workers

TRINIDADIAN law lecturer Dr Rose-Marie Antoine said yesterday there is urgent need for legislation in the Caribbean to protect HIV/AIDS victims. Antoine pointed out that if employers were to get rid of every AIDS-infected employee, there may not be enough for the work place. Based on this, she believes the time has come for legislation to be enacted.

Antoine, wife of St Lucian Prime Minister Kenny Anthony, was the feature speaker at Ernst and Young’s seminar on “Labour Law - A Caribbean Perspective” at the La Boucan, Hilton. Dr Antoine, a senior lecturer at the Cave Hill Campus, said there was a problem in the Caribbean getting AIDS-infected employees to stay on the job. “What will happen to the work place if everybody leaves the job?” she asked. Antoine said no Caribbean country has yet enacted legislation to deal with this problem. “One should not just dismiss someone if that person has AIDS.” When asked by a member of the audience if legislation was needed, Antoine answered: “Of course, there is need for legislation. “We must get rid of the stereotype and the real issue of discrimination. In many instances, people have been dismissed because they had AIDS. But should they have been dismissed? The answer is no. They should be employed, unless they are endangering the lives of others. But as you know, there is a lot of ignorance as it relates to this issue.”

Despite the levels of dismissals throughout the Caribbean,  Antoine said there is no known legal case in the region. The UWI lecturer said AIDS was not a valid reason for someone to be unfairly dismissed. She said the Caribbean was still behind when it comes to anti-discrimination legislation. While some countries are grappling with the idea, Dr Antoine said until this becomes part of the law of the individual countries, workers in the region would continue to be affected. She pointed out that many people may think of invoking the constitution to deal with their problems. But she pointed out that the constitution has very little to do with labour law. “The constitution regulates the relationship between the State and the citizen. It has nothing to do with labour law. We have no constitutional rights when we talk about labour law.” Antoine said she had noticed a huge increase in industrial action throughout the region. “We need to find out why this is so. It is happening in areas of essential services. In Dominica, it is the public servants, in Trinidad, the doctors, nurses, everybody,” she added to laughter from the audience.