An employer (“Applicant”) planned to require a sample of its 1100 employees to undergo voluntary and anonymous HIV testing. Applicant defended its intention by claiming that in planning for manpower needs, it was necessary to assess the prevalence of HIV among employees. Applicant also intended to use the test results to determine the impact of HIV in the workplace, establish support facilities for employees living with HIV, and develop preventive measures to protect employees from infection. Applicant had already undertaken measures to raise employees’ awareness of HIV/AIDS, and to encourage them to seek voluntary testing and counseling. Section 7(2) of the Employment Equity Act 55 of 1998 prohibits the “testing of an employee to determine that employee’s HIV status” unless the Labor Court finds that the testing is justified. Applicant asked the Labor Court to declare that its plan for anonymous and voluntary HIV testing did not fall under Section 7(2) of the Act, or alternatively, that the plan was justified under the Section.