IHS wins overtime court battle

Tebogo Kgalemang
Correspondent | Tuesday September 20, 2011 00:00

In his ruling Justice Modiri Letsididi declared that they were entitled to the 30 percent overtime allowance, which was introduced through Directive No. 18 of 1998 and later amended by Directive No. 4 of 2001. He said the applicants are practicing nurses just like other nurses working in hospitals and clinics.

'The words practicing nurses as used in Directive No. 18 of 1998 are clear and there is no reason why they should not be given their ordinary and grammatical meaning as no absurdity would be created thereby,' Judge Letsididi said.

Letsididi held that the applicants were indeed practicing nurses as contemplated by Directive No. 18 of 1998. He further noted that the motive behind the introduction of this allowance, namely to reward nurses whom overtime is a regular feature of their work, had to be taken into account in giving effect to the directives.

In terms of the directives, all practicing nurses in hospitals and local authorities below the rank of Nursing Sister Grade C1 are paid the said allowance.

During the arguments, the respondent's attorney David Moloisi had argued that the applicants were not practicing nurses as contemplated by the directives, and therefore were not eligible for the allowance.

It was also argued that the nursing lecturers were not employed in or by hospitals and local authorities and therefore that the directive was not meant to apply to them.

The applicants, through their attorney David Ditiro of Tshekiso Ditiro Jane Legal Practice had countered that as nurse lecturers, their work is practical oriented. Ditiro argued that his clients were not confined to a classroom, as they also teach practical lessons which they conduct in hospitals and clinics on real patients.

He also submitted that the applicants were required to be in possession of valid practicing licenses, and further that they were subjected to the same disciplinary and ethical rules applicable to all practicing nurses.

'During the conduct of their duties in hospitals and clinics they are held responsible and accountable to whatever may happen to the patients they work on,' said Ditiro adding that overtime is a regular feature of his client's work. 

Over 100 nursing lecturers from various IHS's around the country dragged the DPSM before the court contending that they were also entitled to the allowance, which is given to other nurses who are based in hospitals and clinics.