The Labour Appeal Court has reinstated a nurse who was deemed dismissed under the Public Service Act due to unauthorised absence.
Masabata Bonakele, a professional nurse at Christiana District Hospital, was dismissed on 10 March 2023 under section 17(3)(a)(i) of the Public Service Act. Her absence, which began on 5 January 2023, was linked to claims of workplace harassment and mental health challenges.
The court examined evidence showing that Bonakele had previously raised concerns about workplace intimidation and procedural inconsistencies. In October 2022, she lodged complaints about harassment to the MEC for Health in North West. A series of escalating workplace tensions followed, culminating in a protection order obtained against Bonakele and two union officials, an order that was later not made final.
Despite these circumstances, Bonakele was repeatedly instructed to return to work without formal consideration of her claims. The court found that the department had been aware of her reasons for absence and workplace distress yet failed to engage appropriately with her concerns.
Misapplication of the Public Service Act
Judge A Savage ruled that the department had initially opted for disciplinary proceedings rather than enforcing the deemed dismissal provision. This shift in approach indicated procedural inconsistencies, reinforcing the importance of workplace fairness and employee rights in disciplinary matters.
“The respondent had on 14 February 2023 already taken a decision not to invoke the provisions concerning deemed dismissal,” stated Judge Savage, underscoring that dismissal was not a procedural necessity but rather a reactive measure.
The Labour Appeal Court overturned Bonakele’s dismissal, ordering her reinstatement along with back pay capped at 12 months’ salary.
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