Court upholds prison official's dismissal for refusing to escort inmate to hospital

THE adage “obey now and grieve later” (which requires employees to obey lawful and reasonable instructions by superiors and to challenge any indiscretions later) holds true today, a judge said.

- ZELDA VENTER

He found that the firing of a prison official who twice refused to take an inmate to hospital was fair. The Johannesburg Labour Appeal Court remarked that the “obey now and grieve later” concept is even more fundamental in law enforcement institutions, where obedience is imperative.

A prison official, who worked at the Atteridgeville Correctional Centre, west of Pretoria, was fired by the department for disobeying an instruction to take the prisoner to hospital. The CCMA later confirmed his dismissal, while the Labour Court deemed it unfair. It ordered his reinstatement, coupled with a final warning. Unhappy with this verdict, the department turned to the Labour Appeal Court.