A labor appeals court has barred the National, Health and Allied Workers Union (Nehawu) from continuing the strike, which entered its second week on Monday.
After a harrowing week that saw industrial action turn violent and massive disruptions at several public hospitals, Nehawu vowed to intensify the strike on Monday. This is because the government and unions have failed to find each other after returning to the negotiating table to resolve issues in public sector wage negotiations.
But a labor appeals court has now upheld an injunction banning the strike. Nehawu, members and workers working in essential public services are prevented from participating in strike action, the court ruled on Monday. Nehawu was ordered to inform the members of the court about the court order by 1pm at the latest.
The labor appeals court called Nehawu’s approach to striking essential service workers “deplorable, at worst and, in some cases, deadly”.
“In this regard, the union and its members represent a complete disregard for the law, employers and citizens of this country who have the right to access essential public services.”
The court said it was inclined to grant the ban “given the urgency of the matter and
reports of serious criminality, wrongdoing and intimidation by striking workers across the country, many of whom appear to be health workers working in hospitals, clinics and other essential service workers.
The Labor Relations Act defines an essential service as a service which, if interrupted, would endanger the life, personal safety or health of the whole or part of the population.
Last Thursday, Health Minister Joe Phaahla announced that four people had died in attacks on public hospitals across the country, many of which were blocked by Nehawu members.
On Sunday, the health department said in a statement that, although the majority of facilities across the country have been made accessible, clinical operations remain disrupted due to the number of nurses and administrative staff.
Phaahla reiterated his demand for peaceful strike action and for workers to allow non-striking employees to continue working without fear or victimization.