Unhealthy state of affairs: Nehawu members protest outside Bheki Mlangeni Hospital in Soweto last week. Photo: Fani Mahuntsi/Gallo Images
The labour appeal court has interdicted the National Education, Health and Allied Workers’ Union (Nehawu) from continuing its strike, which entered its second week on Monday.
After a tumultuous week that saw industrial action turn violent and major disruptions at a number of public hospitals, Nehawu vowed to intensify its strike on Monday. This is as the government and unions failed to find each other after returning to the negotiating table to settle the impasse in the public sector wage talks.
But the labour appeal court has now upheld an order interdicting the strike. Nehawu, its members and workers employed in essential public services are prevented from participating in strike action, the court ruled on Monday. Nehawu is ordered to inform its striking members of the court’s order by no later than 1pm.
The labour appeal court called Nehawu’s approach to the strike of essential service workers “deplorable, with the gravest and, in some instances it appears, deadly consequences”.
“In this regard, the union and its members illustrated a flagrant disregard for the law, the employer and the people of this country entitled to access essential public services.”
The court said it was inclined to grant the interdict “given the urgency of the matter and
reports of serious acts of criminality, misconduct and intimidation by such striking workers around the country, many of whom appear to be healthcare workers employed in hospitals, clinics and other essential services workers”.
The Labour Relations Act defines essential services as those that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population.
Last Thursday, Health Minister Joe Phaahla announced that four people may have lost their lives because of the strike at public hospitals around the country, many of which had been blockaded by Nehawu members.
On Sunday, the department of health said in a statement that, although the majority of facilities across the country have been accessible, clinical operations remain hamstrung by the low turnout of nursing and administrative staff.
Phaahla reiterated his call for peaceful strike action and for workers to allow non-striking employees to continue to work without being intimidated or victimised.