Department of Health welcomes Labour Court judgment against Nehawu’s national strike

The Labour Court has upheld the court interdict against Nehawu’s strike. File Picture: Oupa Mokoena/African News Agency (ANA)

The Labour Court has upheld the court interdict against Nehawu’s strike. File Picture: Oupa Mokoena/African News Agency (ANA)

Published Mar 13, 2023

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Durban – The Department of Health has welcomed a court ruling on Monday by the Labour Court upholding the Department of Public Service and Administration’s court interdict against Nehawu’s nation-wide strike.

Nehawu health-care members began striking last Monday demanding a 10% wage increase.

Nehawu in KwaZulu-Natal said the union was meeting with national leadership to address the ruling and for further direction.

The Department of Health said it was pleased with the Labour Court ruling.

“The National Health Department welcomes a court judgement which ruled that the strike action by Nehawu, its members and employees who are employed in an essential service, is interdicted with immediate effect.”

The Department added it believed this judgement would bring some form of stability in health facilities across the country.

“This is a victory for the innocent, vulnerable and non-unionised patients who have suffered the consequences of the disruptive and violent strike action.”

The department said it trusted Nehawu would follow the court judgement.

“We also believe Nehawu will implement the judgement and inform its members to return to work as soon as possible.”

In a briefing on Sunday, Nehawu said on the eve of the strike, the Department of Public Service and Administration (DPSA) approached the Labour Court filing an urgent interdict against the strike.

The court granted DPSA the order. The union said it had immediately filed an appeal on that order.

The DPSA urgently approached the court to file for an urgent application for the execution of the order.

The matter was heard on Monday March 6 and judgment was delivered on the same day with the department being granted an execution order.

“The union subsequently launched an automatic appeal at the Labour Appeal Court in terms of Rule 18 of the Superior Courts Act 10 of 2013 which also suspended the operation of the execution of order by Justice Van Niekerk,” it said.

Nehawu said on Friday, the Labour Appeal Court heard the union’s appeal on the execution order of the interdict by DPSA and after hearing all arguments it reserved judgment until Monday, March 13.

The union said it would await the judgment then consult with lawyers for legal recourse to be considered.

“As Nehawu, we remain resolute that no amount of litigation or intimidation by the government will deter us from this noble worthy cause that we have embarked on – fighting for public servants, defending collective bargaining and rights of workers,” it said.