The first labour-related case on COVID-19 may come before the Labour Court as early as next week. According to a statement on the Politicsweb site, Solidarity intends to bring an urgent application on behalf of Dr Megan Sarah Martin.
This comes after she treated a patient who showed symptoms of the virus at the Levai Mbatha Community Health Centre. Martin’s application for leave was declined and she was forced to continue to see more patients.
The union said it was taking the case to court after the health centre allegedly failed to give an undertaking that Martin would be placed on leave, pending the test results of the patient, When there was no response to a letter of demand to the health centre, Solidarity turned to its legal team to make a final decision on urgent legal action.
“Health practitioners will play a decisive role in the fight against COVID-19. We have to protect them so they can protect us. In this matter we are acting on behalf of health professionals, but also on behalf of South Africans in general. Solidarity expects an avalanche of legal cases arising from COVID-19 because of the legal uncertainty that prevails,’ Dr Dirk Hermann, Solidarity’s CEO said.
“It is the legal obligation of any institution to ensure the safety of its employees, and to adhere to the protocols required with regard to the COVID-19 virus,” Anton van der Bijl, head of Labour Law Services at Solidarity said. “Dr Martin feels responsible for the safety and wellness of her patients, but now feels that she has to put them at risk because her employer requires her to do so. As Solidarity’s demand was not met, we will bring an urgent application to ensure her safety and that of her patients,” van der Bijl added.
[link url="https://www.politicsweb.co.za/politics/covid19-court-case-for-the-sake-of-doctors-safety-?utm_source=Politicsweb+Daily+Headlines&utm_campaign=7116fcad09-EMAIL_CAMPAIGN_2020_03_22_08_02&utm_medium=email&utm_term=0_a86f25db99-7116fcad09-130040921"]Full statement on the Politicsweb site[/link]