Manila: A labour court has ordered a popular local hairstylist to pay back wages to a former employee who was sacked from his job after he was found to be infected with HIV.

Ricky Reyes, owner and operator of a 44-branch chain of salons that bears his name, was ordered by the National Labour Relations Commission (NLRC) to pay Renato Nenacos a total P615,313 (Dh47,321), representing salary differentials, emergency cost of living allowances, mandatory 13th month pay, separation pay and attorney’s fees.

Aside from Reyes, the Ricky Reyes chain of salons, is also owned by Toneth Moreno.

The NCMB, in its ruling said Reyes, 65, showed bias against Nenacos when he terminated the latter’s services last February 28, 2014 after employing him for 11 years.

Nenacos had claimed he was fired by Reyes and Moreno after disclosing to them he had HIV.

Reyes and Moreno said they were apprehensive of the impact of having an employee afflicted with HIV on their business and were just protecting Nenacos’ co-workers and other salon employees when they decided to terminate him.

But the NCMB, in its ruling rendered last week, said the employers may have been too harsh in deciding to outrightly sack the 47-year-od Nenacos.

“HIV illness is not highly contagious and it is not transmitted through touching, hugging, sneezing, coughing, eating or drinking from common utensils or being around an infected person. Thus, the means by which they [Reyes and others] tried to protect other employees and customers unduly trampled upon the rights of the complainant [Nocos],” the decision ruled.

Aside from the discrimination, unlawful termination and other labour-related cases Nocos filed against Reyes and Moreno, the complainant also lodged a separate grievance before the NCMB for non-payment of social security and health benefits.

Reyes and Moreno had not been paying Nenacos’ Social Security System (SSS) and Philhealth insurance premiums despite being employed in the company since July 16, 2003.

Payment of SSS and Philhealth premiums is mandatory for all private sector workers,

In her 10-page decision, labour arbiter Joanne Hernandez-Lazo said the court found Reyes and Moreno transferred Nocos to a branch that is about to be bankrupt immediately upon learning that the complainant showed symptoms of HIV infection. Following closure of the branch, Nenacos was never given any assignment.

Reyes, aside from being well-known in the salon business, is also a philanthropist who provided livelihood opportunities especially to those who wanted to learn and train on hairstyling.

Reacting to the NLRC judgement, Nenacos said the decision was “an encouragement for those HIV positive human beings like me who are fighting for respect and dignity.”

On his part, Gerard Seno Associated Labour Union national executive vice president said: “Oppression like this happens because there are still a great majority in our society whose judgement calls are still guided by their ignorance about HIV and AIDS. Labour unions feel there’s a strong need to combine and connect the old and the new paradigms about HIV and AIDS in order to minimise stigma and discrimination surrounding the phenomenon.”

Nocos sought the help of the labour federation in June last year and disclosed himself in public amid the risk of family and social stigma and discrimination in pursuing the case.