The complainant, Derwin Pratt is a dental surgeon employed by the River CityOral Surgery Clinic (RC), which is a privately owned Alberta clinic that performs various oral surgery procedures. RC requires as a condition of employment that surgeons working at the clinic test‘negative’ for HIV. This is an ongoing requirement and the complainant was aware of this policy when he accepted a written offer of employment from RC and agreed to regular testing. He was employed by RC for three years before testing positive and his work performance had regularly been reviewed as ‘excellent’ in the years leading up to his positive test.
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