Woman infected with HIV by boss, sacked, loses case

A receptionist who accused her boss of infecting her with HIV and then sacking her has lost the 14-year court battle.

The woman told the Employment and Labour Relations Court that she had a long-running affair with the man.

She said they met in September 2000 when both were employed
at the man’s family business. Her lover was a supervisor in the firm.
The woman was fired in November of the same year on claims she was disrespectful to the managing director.

Later, the man, too, left the family business to set up his
own company. He hired his lover as a receptionist and they continued
their affair, according to court papers.

The woman said she had been tested before the affair and she
was HIV-negative, but after their relationship, she was tested
positive.

She claimed her lover became hostile when she broke the news
to him. There were multiple claims of assault by both sides. The woman
filed a case alleging unfair dismissal in 2004.

Last Thursday, the court threw out her case, with the judge terming it a case of sour grapes.

Justice Nduma Nderi found that the woman, named as BO to
protect her identity, worked as a receptionist but did not prove her
case against the man.

The judge, however, determined that the case before him was
more than an employment case as it involved an affair between the two.

“What is without a doubt is that there was an emotional
relationship between the plaintiff and the respondent which may not be
fully explained by their having worked together for two different
companies.

“The many criminal complaints by each of them against the
other is a pointer to this untoward relationship. It is difficult to
tell if any cause of action that may have arisen from this relationship
falls or not within the jurisdiction of this court,” Nduma ruled.

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