/ 25 April 2009

Labour Court rules against striking doctors

The Labour Court in Johannesburg granted an interdict against the doctors on strike in Gauteng, the provincial health department said on Saturday.

The department said the order in its favour was issued on Friday.

”Dr M Mohlala and other doctors striking are interdicted and restrained from participating and/or continuing with strike action,” the department said in a statement.

It said the strike was unprotected and unlawful.

”We urge doctors to return to their work stations immediately.”

The department said according to the order, the striking doctors were liable for costs incurred by the government in relation to its legal expenses.

”The doctors’ decision to go on strike was sudden and inconsiderate of needs of critical patients and was also inconsistent with known codes in the profession,” the department said.

”Our 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.

Gauteng’s Health Department head Sybil Ngcobo said the department understood the concerns of the doctors, which was why it was engaged in due processes through the Bargaining Council.

Ngcobo said they had decided to offer the doctors an opportunity to return to work immediately, failing which disciplinary action would be instituted.

”We have obtained an interdict against the doctors’ 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,” she said.

On Friday, the South African Medical Association (Sama), which represents doctors, said in a statement that the strike was premature, and distanced itself from it.

”We once again call upon public sector doctors to suspend any form of industrial action for the sake of their patients,” Sama said.

A number of strikers have created a Doctors’ Forum, claiming Sama does not represent all doctors.

The strike began in Gauteng last week and has spread to other provinces. – Sapa