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Wrong court, but health services must be reinstated

Publish date: 27 June 2007
Issue Number: 1855
Diary: Legalbrief Today
Category: Labour

Health services in Cape Town\'s Khayelitsha area must be fully restored with immediate effect.

This was the ruling of the Cape High Court yesterday in an application brought by the Treatment Action Campaign for the reinstatement of 41 health workers sacked because they went on strike. However, notes a report on the Mail & Guardian Online site, the court said it was not the right forum to rule on their dismissal. Judge Siraj Desai said he could rule only on the effect their dismissal had on patients. ‘The dismissed employees have not brought an application for reinstatement in this court ... and the TAC has no authority to act on their behalf,’ he said. The employees should follow proper procedures and take their grievances to the CCMA or the Labour Court, Desai said. The order was an interim interdict pending the Western Cape Department of Health\'s next appearance in court on August 20. Full report on Mail & Guardian Online site

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