Court sets aside Groote Schuur doctor’s dismissal over alleged discrimination and bullying
The Labour Court has overturned the arbitration decision that upheld the dismissal of Dr Kwazi Ndlovu, former head of the Nephrology Unit
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The Labour Court has overturned the arbitration decision that upheld the dismissal of Dr Kwazi Ndlovu, former head of the Nephrology Unit at Groote Schuur Hospital.
Ndlovu had turned to the Labour Court after the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) commissioner found his dismissal fair, despite his allegations of discrimination, bullying, and procedural bias during the disciplinary process.
Ndlovu had been fired by the Western Cape Department of Health in May 2022 after being found guilty of several charges, including alleged discrimination, disrespectful behaviour, and bullying of colleagues.
The court found that the commissioner failed to properly consider key evidence and provide adequate reasons.
"The commissioner did not engage with the issues in dispute placed before him and did not give adequate reasons. Conclusions can in no way be considered to be self‑explanatory, nor is there any apparent rationale for considering one party’s version over the other"
The court also found that the commissioner failed to address allegations of bias and procedural unfairness.
'It is clear that the reasons given must be intelligible and must adequately meet the substance of the arguments advanced. It will not suffice to merely recite a general formula or restate a statutorily-prescribed conclusion. It is also preferable if the reasons demonstrate that a systematic analysis has been undertaken by the decision‑maker"
The Court set aside the arbitration award and ordered that Ndlovu’s dispute be reheard de novo before a different commissioner.
"The award made by the second respondent is reviewed and set aside; The applicant’s alleged unfair dismissal dispute is remitted back to the first respondent for re-determination de novo before a commissioner other than the second respondent, and there is no order as to costs".
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