A nurse who worked at one of the healthcare facilities in the North West province has been dismissed after she absconded.
The nurse claimed that she had escalated complaints of threats, harassment and victimisation from a senior to the health MEC’s office in September 2022.
However, this was disputed by the department, which stated that no official complaint was lodged with the MEC.
Senior victimised, intimidated, threatened, and humiliated
On the contrary, the department maintains that a senior employee had been victimised, intimidated, threatened, and humiliated by the nurse and her previously mentioned coworkers.
According to the department, on October 2 2022, the senior official reported to the MEC that the nurse was mistreating and abusing him.
“Intimidating statements were made threatening Dr Masala. [He was threatened] with harm from the community and others if he was not removed,” the department informed the Labour Court in based in Cape Town.
“The doctor obtained an interim protection order against the three individuals (the nurse and her two colleagues). He obtained it on December 19 2022.”
Despite the protection order, the nurse still did not report for duty, and an acting CEO wrote a letter to her.
“It has come to my attention that you have not returned to work after you were instructed to do so. This communiqué serves as a final instruction to report for duty as soon as possible.
Failed to report for duty
“Please note that a failure to report for duty for 30 consecutive days constitutes abscondment. Should you fail to report for duty for 30 consecutive days, the necessary steps will be taken. [These will be] …to obtain approval from the Head of Department to terminate your services,” the letter read.
It also confirmed that all the days she had been absent without leave would be treated as leave of absence.
“Note also that your requested special leave is not recommended. Because protection order does not prevent an employee from coming to work.”
In court, it was revealed that the nurse and her colleagues were advised that they would be transferred to another hospital on a precautionary basis. However, they stormed out of a meeting that they had with the chief director.
Judge Robert Lagrange said he is satisfied that the nurse failed in her case. She failed to show that her absence from performing her duties should be treated as an authorised absence.
“The applicant has failed to prove that her failure to report for work and perform her duties was authorised… [She failed] to report for work for a period of more than 30 days. Applicant… also failed to prove her absence was authorised by the head of the hospital or the department.
“Accordingly, the application for declaratory relief must fail. I do not think… it would be accordance with the interests of law and fairness to make a cost award. Given the court’s normal approach to costs, and the fact that the case did raise genuine legal disputes.”
