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Lawsuit

3 May 2017

China Communication Construction Company lawsuit (re HIV/AIDS discrimination, Uganda)

Status: ONGOING

Date lawsuit was filed
3 May 2017
Unknown
Community
Location of Filing: Uganda
Location of Incident: Uganda
Type of Litigation: Domestic

Companies

China Communications Construction Company Limited (CCCC) China Construction, Construction machinery & vehicles, Hydropower & dam projects, Road-building, Ports, Airports, Railroad

Sources

Snapshot: In 2017, two former Ugandan employees of China Communication Construction Company (CCCC) filed a lawsuit in Ugandan court alleging unfair dismissal because of their HIV status. CCCC denies the allegations. 

On 3 May 2017, two former Ugandan employees of China Communication Construction Company (CCCC) filed a lawsuit in the High Court of Uganda against the company for unfair dismissal. They claim they were dismissed for being HIV positive. CCCC denies the allegations.

The plaintiffs allege that CCCC told them to take a HIV test or face losing their job. When the test came back positive – both are also suing for infringement of their right to privacy because the clinic shared their test results with the company, not them – the first plaintiff claims he had to sign a resignation letter and the other one that she was fired. CCCC denies forcing employees to undertake medical check-ups. It said that the company offers “free, voluntary HIV tests” for the health benefit of employees and not to determine their employment.

The plaintiffs seek damages in the amount of 400 million Ugandan Shillings ($110,000), plus interest and legal costs, as compensation for the abuses they have suffered.

They tried to reach an out-of-court settlement with the company but there was no agreement. On 16 August 2017, the High Court of Uganda heard the case.

- Chinese Company Fires HIV-Positive Workers, Robert I. Rotberg, Harvard Kennedy, on China-US Focus, 1 Aug 2017
- Ugandans take Chinese firm to court in latest HIV workplace battle, Amy Fallon, Thomas Reuters Foundation, 26 Jul 2017

Taslaf Advocates (Counsel for the plaintiffs)
- Annet Namuyomba Mukisa & George William Kato v. China Communication Construction Company Ltd – Plaint before the High Court of Uganda, 3 May 2017

Timeline