Doctor wins R570 000 in Labour Court battle

THE Labour Court in Cape Town has dismissed an application by the Western Cape Department of Health to appeal a ruling that found the precautionary suspension of a senior doctor to be unfair.

- SINENHLANHLA MASILELA

Acting Judge Coen De Kock dismissed the department's bid for leave to appeal to the Labour Appeal Court, finding that there were no reasonable prospects that another court would reach a different conclusion.

The court also rejected a conditional cross-appeal by the doctor, Kwazi Celani Zwakele Ndlovu, who had argued that the compensation awarded to him was insufficient.

The dispute stems from Ndlovu’s precautionary suspension in August 2021, after he served a letter of demand on colleagues in relation to a contemplated civil defamation claim.

This is after several consultant doctors had lodged complaints about Ndlovu’s management style and conduct, alleging oppressive and intimidating behaviour in the workplace.

A disciplinary enquiry was instituted against him based on those complaints. A day before the disciplinary hearing was due to start, a letter of demand for defamation, issued by Ndlovu attorneys, was served on one of the complainants and related witnesses.