The Bloemfontein High Court has ordered the National Union of Metal Workers of SA (Numsa) to pay an employee R100 000 after her HIV status was disclosed in a grievance meeting by her supervisor. Initially, the employee approached the court demanding R1 million but was granted 10% of it by the judge presiding over the matter, Sharon Chesiwe.

The court heard that the employee, who cannot be named ,shared her HIV status with her former friend and colleague Mamojabeng Molatlhoe in 2007 after she asked why she missed work so often. This information was subsequently relayed to Andile Zitho, the employee's supervisor, in 2010, he used this information against her when he was confronted with a complaint by 14 staffers in February 2021.

Zitho allegedly attempted to use the employee's HIV status to divide the workers. He apparently warned the 14 employees that had confronted him that he was about to reveal something that will shock them all. Zitho is said to have laughed and walked out after exposing the employee status, he then came back and apologised but the damage had already been done. However, the judge said there was no need to burden Numsa, Zitho and Molatlhoe with a huge claim. Judge Chesiwe ordered R100 000 in damages, which is to be paid jointly and severally. Judge Chesiwe said Zitho's apology to the staffer was a mitigating factor and that the staffer was still employed by Numsa.