A sickly police officer from Newcastle SAPS in northern KwaZulu-Natal has won a legal battle to have his salary and Polmed medical cover fully restored.
Venesh Ganesh, a warrant officer in the SAPS, had to take his employer to the Labour Court in Durban on an urgent basis after his salary was stopped while he was on an approved sick leave.
After an agreement between all parties, the court certified an order that the SAPS should restore his salary and medical aid with Polmed, the medical aid scheme for police officers in the country.
Medical aid, salary stopped
Ganesh had to take his employer to court after early last month, he got the shock of his life while buying chronic medication from a Clicks pharmacy in Newcastle: he discovered that his medical aid had been invalidated.
A few days later, he learnt that his salary had been stopped. After failing to get the human resources to sort the problem, he roped in his lawyers.
Ganesh said that a few years ago he was involved in a car accident while on duty. Following that, he developed complications.
“The injury to my lower back was sustained as a result of an incident involving a moving vehicle. This happened while I was acting within the course and scope of my official duties as a member of the SAPS.
Injury while on duty
“Following the initial injury, the condition progressively deteriorated over time. This was particularly as I continued to perform physically demanding and operational duties.
“These duties, by their very nature, placed continued strain on my lower back. And they significantly exacerbated the injury.
“As a result, the injury has materially affected my ability to perform key aspects of my work. Especially those requiring physical exertion or field operations, thereby impairing my functional capacity in the SAPS. And they contributed to the classification of my condition as a permanent disability,” he said in his court papers.
“Had appropriate and timeous preventative measures been implemented by the SAPS at the initial stages of the injury (‘ab initio’), related to my duties, it is highly probable that the progression and severity of my condition could have been mitigated or altogether prevented.
“As a result of the failure to take such steps, my condition has progressively deteriorated. To the extent that I now suffer from chronic pain and physical limitations. I am no longer able to sit for prolonged periods without experiencing significant discomfort. And I am compelled to rely on prescribed pain medication to manage the condition on a daily basis.
Happened while he was on sick leave
“This has had a direct and detrimental impact on both my quality of life. And also on my ability to fulfil the duties expected of me within the South African Police Service. This impacted my continued operational services with SAPS,” he added in the court papers.
Later, Ganesh applied for early retirement based on his worsening medical condition. But it was declined by the management of the SAPS. This was based on a medical report that was compiled by an internal practitioner.
However, he contended that the report was flawed, and he applied for sick leave, which was granted.
It was during his leave days that he found that his medical aid and salary had been stopped. That was done without informing him.
“The conduct of SAPS is inconsistent with its own internal policies and procedures. As well as the regulatory framework governing the administration of medical benefits and personnel matters. It amounts to an abuse of power and a dereliction of its statutory duties,” he told the court.
