DPSM partly succeeds in ‘Call to duty’ appeal

Health workers argued that the ‘Call to Duty’ is illegal PIC: PHATSIMO KAPENG
Health workers argued that the ‘Call to Duty’ is illegal PIC: PHATSIMO KAPENG

The Directorate of Public Service Management (DPSM) and Attorney General (AG) have partly succeeded in their pursuit to quash an Industrial Court order that would spell the discontinuation of the ‘Call to Duty’ for nurses or pay overtime as per a recent Industrial Court judgment by Justice Galesite Baruti.

A panel of three Court of Appeal (CoA) judges, Justices Modiri Letsididi, Goemekgabo Tebogo- Maruping and Tshegofatso Mogomotsi, concurred in a ruling delivered on Thursday that the employer’s appeal succeeds in part in respect of two parts of the Industrial Court order which must reflect that the time spent on call by the nurses and midwives be regarded as working time and where appropriate as overtime, if they are required to be physically present at the health facility.

The government, through the DPSM, lost the case against the nurses and decided to lodge an appeal in an attempt to cling to the long standing ‘Call to Duty’ practice, which the nurses have argued is an abuse they have endured for a long time. In the ‘Call to Duty’, nurses are expected to report to duty when required to do so beyond their working hours. In the lower court, the nurses won the case where they had taken their employer to court seeking the discontinuation of the ‘Call to Duty’.

Editor's Comment
CoA brings sanity to DIS/DCEC long-standing feud

This decision follows the raiding of the office of the former Director General of the DCEC, Tymon Katlholo early 2022 and his staff officer by the DIS operatives who reportedly took files that they had targeted.After all back and forth arguments, the CoA has set the record straight giving an invaluable lesson to the DIS that it was no super security organ and it does not have any powers to cogently supervise other security organs including the...

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