Heath Department fails to Reinstate CHW Despite Bargaining Council Award


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The Gauteng Department of Health failed to implement the Public Health and Social Development Sectorial Bargaining Council (PHSDSBC) that was made regarding the unfair dismissal of Thapelo Kotsia on 4 September 2020.

The award was delivered by Kotsia to the Sister in Charge, Funi Radebe at Ya-Rona Clinic in Randfontein (West of Johannesburg) on 14 September 2020. Sister Radebe then sent it by email to Andrew Tiro, Human Resource Manager, at West Rand District Department of Health, Sebake Serepo, Zelda Marike and Puleng Madikwe of the West Rand District and Gauteng Department of Health.

After being wrongfully charged and dismissed for fraud on 10 April 2020, Kotsia’s case was taken up by the Gauteng Community Health Care Forum and Khanya College (Khanya Mass Advice Day [MAD] Team) and the matter was taken to the PHSDSBC.

Kotsia has a family to feed as the bread-winner, and he has to take care of his sick child. He is currently back at work and doing his normal duties, but he has not been paid for September or October 2020, as per the Commissioner’s directives. The Department refuses to comply with the award issued.

On 16 October 2020, the matter was referred to CCMA (Commission for Conciliation Mediation and Arbitration) Head Office for certification of the award.

The Khanya MAD team used section 143 (1) of the LRA, which reads: “An arbitration award issued by a Commissioner is final and binding and it may be enforced as if it were an order of the Labour Court…”

Section 143 (5) reads: “An arbitration award in terms of which party is required to pay an amount of money must be treated for the purpose of enforcing or executing that award as if it were an order of the Magistrate Court.”

In this case the Department of Health failed to comply with regard to Section 143 of LRA 66 of 1996 and is in contempt.

The department was well served by the Khanya MAD team and Bargaining Council Case Management. The Khanya MAD team compiled all documentation, and has proof that the department was served). The instruction was that the department must pay what it owes Kotsia before 30 September 2020, but the department refuses to pay.

Even though he continues to work at Ya-Rona clinic as a Lay Counsellor, Kotsia still has not been given his employment contract as a permanent employee of the Department. The department is again in violation of the Basic Employment Act, in regards to non-payment of services provided for two months (September and October).

The MAD team is currently waiting for the certification from CCMA Head Office.

This article was submitted on 3 December 2020. You may republish this article, so long as you credit the authors and Karibu! Online (www.Karibu.org.za), and do not change the text. Please include a link back to the original article.

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