25 April 2009
The Labour court has granted an order in favour of the Gauteng Health
stating that:
1. Dr Mohlala and other doctors striking are interdicted and restrained from
participating and/or continuing with strike action
2. the strike is unprotected and unlawful
3. urging doctors to return to their work stations immediately, and
4. striking doctors are liable for costs incurred by government in relation to
its legal expenses.
Whilst finding it regrettable, government decided to act against the doctors
when it appeared that all avenues to engage constructively and procedural
correctly were not bearing any fruit. The doctorsâ decision to go on strike was
sudden and was inconsiderate of needs of critical patients and was also
inconsistent with known codes in the profession.
âOur decision follows repeated failed efforts to constructively engage the
doctors, but what has become clear is that they have no interests to be
responsible in the way we deal with their concerns. We have said it before and
are very happy to repeat it again we understand the concerns of the doctors and
are for this very reason engaged in due processes through the Bargaining
Councilâ said Gautengâs Department of Healthâs Head of Department, Sybil Ngcobo
âWe have decided to offer the doctors an opportunity to return to work
immediately, failing which we will be obliged to institute disciplinary
action.â
âWe have obtained an interdict against the doctorsâ illegal actions and in
the interest of our patients and communities will have to take stiff action. We
will also report each involved doctor to the Health Professions Council of
South Africa (HPCSA)â further said Ngcobo as she outlined her departments
thinking.
âFor our communities the implications of this decision are that we will be
able to bring normality to our hospital as we will bring in external resources
to offer services. For the striking doctors it regrettably could affect their
professional standing and we will also apply the principle of no work, no pay.
But now an additional factor from the court order is that each individual
doctor is now liable for the legal fees we incurred and we will ensure that
such is duly recovered.â
Government has on a number of occasions acknowledged challenges facing
health workers in the public service, including remuneration and working
conditions. To this extend negotiations have been ongoing through the
Bargaining Chamber.
In the past year government has improved remuneration packages for nurses
and have learned valuable lessons in that implementation process. This
experience is now assisting in the device of more thorough and effective
implementation solutions for the outstanding categories, which includes
doctors.
The Public Service Co-ordinating Bargaining Council has already started to
meet where proposals are being discussed, including the concerns of the
doctors. Doctors are urged to make use of these appropriate channels to avoid
regrettable outcomes.
For further information or interviews please contact:
Phumelele Kaunda
Media Liaison Officer
Tel: 011 355 3268
Fax: 011 838 3613
Cell: 082 334 9851
E-mail: phumelele.kaunda@gauteng.gov.za
Issued by: Department of Health, Gauteng Provincial Government
25 April 2009
