The Labour Court comes to their rescue
In a major victory for surgeons from Livingstone Hospital who had been complaining about working conditions, long hours and severe understaffing, the Port Elizabeth Labour Court has ruled that the Department of Health must ensure that their doctors do not work more overtime than what they are contracted to do.
The Eastern Cape Department of Health has indicated that they will comply with the ruling but has not given details on how they plan to do this.
Staff shortages at the city’s hospitals remain dire.
The surgeons were complaining of excessive working hours in papers before court. Their contractual terms clearly state they are required to:
- Work 40 ordinary hours according to a roster;
- Work overtime of 13 to 20 hours a week, averaging 16 hours a week; and
- Be paid to perform 16 hours of overtime per week
But some of the doctors had been working up to 152 hours of overtime a month.
One of the doctors had submitted his letter of resignation on May 29, and others threatened to follow suit.
Following a crisis meeting it was decided that the surgeons would work on an on-call basis.
Advocate John Grogan, who with Chris Unwin appeared for the doctors, said he feared there might be a mass resignation if the situation did not change.
“One does not need to be a rocket scientist to know that since there were 18 doctors and now it is only 10 or 11, their work will increase. We are not talking about doctors who treat sore throats – these are surgeons.
“The doctors are concerned about the working hours. Not only on their health but the effect they will have on their patients,” Grogan said.
Judge Zolashe Lallie ordered the department last week to pay back the surgeons their court fees, not bridge their contractual agreements and make sure that they are not called on to work more than the normal 13 to 20 hours of overtime a week and a maximum of 80 hours of overtime a month.
Unwin said they were pleased with the outcome of the case.
Department of Health MEC spokesman Siyanda Manana, said: “We got the ruling and we will comply with it”.
.
Doctors win right to work more normal hours
The Labour Court comes to their rescue
In a major victory for surgeons from Livingstone Hospital who had been complaining about working conditions, long hours and severe understaffing, the Port Elizabeth Labour Court has ruled that the Department of Health must ensure that their doctors do not work more overtime than what they are contracted to do.
The Eastern Cape Department of Health has indicated that they will comply with the ruling but has not given details on how they plan to do this.
Staff shortages at the city’s hospitals remain dire.
The surgeons were complaining of excessive working hours in papers before court. Their contractual terms clearly state they are required to:
- Work 40 ordinary hours according to a roster;
- Work overtime of 13 to 20 hours a week, averaging 16 hours a week; and
- Be paid to perform 16 hours of overtime per week
But some of the doctors had been working up to 152 hours of overtime a month.
One of the doctors had submitted his letter of resignation on May 29, and others threatened to follow suit.
Following a crisis meeting it was decided that the surgeons would work on an on-call basis.
Advocate John Grogan, who with Chris Unwin appeared for the doctors, said he feared there might be a mass resignation if the situation did not change.
“One does not need to be a rocket scientist to know that since there were 18 doctors and now it is only 10 or 11, their work will increase. We are not talking about doctors who treat sore throats – these are surgeons.
“The doctors are concerned about the working hours. Not only on their health but the effect they will have on their patients,” Grogan said.
Judge Zolashe Lallie ordered the department last week to pay back the surgeons their court fees, not bridge their contractual agreements and make sure that they are not called on to work more than the normal 13 to 20 hours of overtime a week and a maximum of 80 hours of overtime a month.
Unwin said they were pleased with the outcome of the case.
Department of Health MEC spokesman Siyanda Manana, said: “We got the ruling and we will comply with it”.
.
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