Seven dentists to be reinstated following Limpopo High Court order
Judge Gerrit Muller in the Limpopo High Court recently found in favour of seven dentists who challenged the decision of the Department of Health to terminate their contracts.
POLOKWANE – The seven went to court after the department terminated their contracts before they could finish their community service work.
They were informed on 27 December, in a letter dated 20 December, that the department was terminating their services. They felt it was a breach of the contract they had with the department.
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Polokwane Review, Bonus’ sister publication, recently reported about the more than 400 medical personnel, which also included physio and occupational therapists as well as nursing staff who were affected.
There were only jobs for 142 out of 586 health professionals in the province.
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The affected staff members complained about the issue, saying they had debts and bought cars which they had to pay, to come to work, and suddenly they were informed that they would not be having a job any more as from the end of January.
Seven Limpopo doctors have won a court case against the department, challenging its decision to terminate their contracts.
They had entered into an agreement with the department that they would work for the department for a period of five years after the department paid their university studies, and if they worked for less than a period of five years, the department would recoup the money from them.
Their lawyer, advocate Mphafolane Koma, said the department’s decision was unlawful and unjust, and the decision was challenged in court because of the department’s decision.
The Limpopo High Court ordered the department to pay the costs.
The court suspended the decision of the department pending the finalisation of the review application, according to the judgment on 17 January.
Adv Koma said he was happy and believed clients would be allowed to go back to work without any obstacles.
Departmental Spokesperson Neil Shikwambana at the time said the Health Department had noted the judgment that was made and respected the outcomes of the court processes.
“The department is studying the judgment and getting a legal opinion in order to decide on the way forward and make an informed decision,” he said.
The court case can have far-reaching implications, as other staff also had to work back their bursaries, and the department claims not to have the resources to employ them.
