PFG Building Glass (Pty) Ltd. (“Applicant”) tested its employees for HIV without the Labor Court’s authorization. Although the Applicant initially applied to the Court for an authorization order, it subsequently abandoned this claim. Instead, Applicant requested that the court declare that HIV testing of employees does not contravene section 7(2) of the Employment Equity Act 55 of 1998. Section 7(2) of the Act prohibits medical testing of employees to determine their HIV status, unless the Labour Court determines that the test is justifiable.