Why has the Gauteng Health Department avoided court action to stop mortuary strike?

21 June 2017

I welcome signs of progress in the Public Health Bargaining Council that the strike in Gauteng mortuaries could be over by this weekend, but the question remains as to why the strike in an essential service was not halted right at the beginning by court action by the Gauteng Health Department.

The Essential Services Committee established under section 70 of the Labour Relations Act designates both Forensics and Mortuaries as essential services where strikes are prohibited and grievances should be settled by arbitration.

The striking Forensic Pathologist Officers are not justified in refusing to do "out-of-scope" work as part of their job definition is that they assist with autopsies under supervision.

I doubt the union's claims that drivers and cleaners were doing postmortems and that this was a reason for the strike.

According to a recent job advertisement for a Grade 1 Forensic Pathology Officer, they should "Assist in rendering an efficient Forensic Autopsy process (which includes evisceration, scribing and typing) in accordance with set standards and guidelines by assisting the Forensic Pathologists in autopsies."

Gauteng Health MEC Gwen Ramokgopa has wrongly agreed with unions that this is not a strike but a "work to rule".

The reason the strike has gone on for so long is because the forensic assistants are still getting paid and there is no pressure on them to settle.

I suspect that tough action against NEHAWU was avoided for political reasons as it is a COSATU union that still supports the ANC.

Meanwhile, relatives of the deceased have suffered immense trauma by the delay in releasing bodies for burial.

Pathologists working without assistants have been heroes, but they are becoming exhausted and the backlog of more than 200 autopsies will take some time to clear.

The Gauteng Health Department should hang its head in shame for mishandling this strike which could have been averted with forceful action rather than pathetic appeasement.

Issued by Jack Bloom, DA Gauteng Shadow Health MEC, 21 June 2017