13 April 2007
The Department of Health has made known the preliminary findings of the
Tribunal set up to individually hear the cases of 728 nurses, dismissed as a
result of their participation in an unlawful strike from 22 January 2007 to 2
February 2007 at the following institutions: Ngwelezane and Benedictine
Hospital, Lower Umfolozi hospital, Umphumulo Hospital, Ntunjambili Hospital,
Appelsbosch Hospital, Prince Mshiyeni Memorial Hospital, GJ Crookes Hospital
and Edendale Hospital.
The Tribunal was instituted when organised labour approached the MEC for
Health Mrs Neliswa Nkonyeni and asked for the concerns of their members to be
heard individually.
The Tribunal, consisting of 6 experienced lawyers, eventually heard 1 106
cases and found that some of the dismissed nurses were engaged in the strike
action because of serious intimidation. Documented evidence of this was given.
It was recorded that some of the nurses were on sick leave at the time, some of
the nurses were off duty and some missed the ultimatum to return to work but
had proof they had tried to return but were locked out.
The Tribunal recommended that 43 nurses will be reinstated, suspended
pending disciplinary proceedings. 720 will be reinstated with final written
warnings and 365 were found not guilty, will be reinstated and back paid.
Institutions are expected to engage with the affected workers on Monday, 16
April accordingly.
The Head of Department Dr Busi Nyembezi said that "the Tribunal has not
compromised service delivery." She is pleased that the Tribunal took a
sensitive approach to each case because many of the nurses are bread winners.
The Tribunal was instituted as a corrective measure rather than a punitive one.
"We value our healthcare workers and this action was to not get rid of good
healthcare workers, we must always keep service delivery in mind."
For interview purposes, please contact:
Leon Mbangwa
Tel: (033) 395 2276
Cell: 083 459 8695
Enquiries:
Chris Maxon
Assistant Manager: Corporate Communication
Tel: (033) 395 3130
Fax: (033) 342 0429
Cell: 083 447 2869 or 076 091 1493
E-mail: chris.maxon@kznhealth.gov.za
Issued by: Department of Health, KwaZulu-Natal Provincial Government
13 April 2007
