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TERMINATING an employee for testing positive for human immunodeficiency virus is “illegal,” the Supreme Court has ruled.In a decision penned by Associate Justice Alfredo Benjamin Caguioa, the SC’s Third Division found the dismissal of an overseas Filipino worker due to HIV invalid for being discriminatory.The OFW tagged as “AAA” was deployed for employment in Saudi Arabia in October 2017 under a two-year contract.
The NLRC decision was affirmed by the Court of Appeals, which ruled that AAA was illegally dismissed and thus entitled to salaries for the unexpired portion of his employment contract and moral and exemplary damages, among others.
HIV Human Immunodeficiency Virus Dismissal From Work
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