26 August 2004 Press Release Joburg Has No Bias Towards Sick Employees We want to at the very outset as a City deny having stopped Mr Tshepo Mabongo's salary on the basis of his HIV status and dismiss any related comments as being untrue. It would be contrary to the City's conditions of service, the Labour Relations Act as well as an infringement of Mabongo's constitutional rights. In fact neither his supervisor nor Human Resources was aware of the nature of his illness. We also believe that the Star acted irresponsibly by publishing this article without having correctly verified its facts because the "anonymous official" certainly does not have the facts. In accordance with the conditions of employment, particularly the chapter dealing with acceptable standards of conduct, 4.2.6 and 4.2.7 respectively state that Employees should seek permission in advance for any leave of absence whenever possible and Refrain from being absent from duty without leave or permission except on good cause The onus is therefore on the employee to inform the employer of possible absence from duty. As an employer that cares, attempts will also be made by the City to establish the whereabouts of its employees prior to taking any disciplinary action. Mabongo complied with policy by submitting medical certificates and sick leave forms when absent from work for more than two consecutive days between 19 December 2003 and 9 March 2004. However between 10 March and 30 April 2004, he did not submit leave forms in relation to his absence and it was incumbent upon Human resources to stop his salary on the basis of no work no pay. This was only effected at the end of May 2004. The City was indeed generous enough to pay his salary for two months although he was absent. He still had not informed anyone of his illness during this time and suddenly returned to work on 12 July 2004 but was advised to return home because he was in no condition to be at work let alone perform his duties. Mabongo was also informed of why his salary was stopped and only then did he disclose his HIV status. Now that his supervisor was aware of his illness, a report was prepared in relation to the City's HIV/AIDS policy so that he could receive the necessary medical assistance and counseling, reinstate his salary and arrange for receipt of regular medical reports so that he should be allocated work that did not add undue strain to his health. Mabongo is presently back at work in his position. The City also wants to place on record that in relation to service delivery continuity, it has to avail an alternative person in the absence of an employee who is ill, on confinement or has resigned. ENDS Virgil James Media Liaison Officer Communications Telephone: 407 7226 Facsimile: 403 3494 Cell: 082 467 9415 Email: virgilj@joburg.co.za