Cape Town’s senior Dr suspended for intimidating and oppressing colleagues, wins over R570,000 in Labour Court battle

Labour Court rules in favour of a senior Cape Town doctor over unfair suspension. The Labour Court in Cape Town has dismissed an application by the Western Cape Department of Health to appeal a ruling that found the precautionary suspension of a senior doctor to be unfair. Acting Judge Coen De Kockdismissed the department’s bid for leave to appeal to the Labour Appeal Court, finding that there were no reasonable prospects that another court would reach a different conclusion.

dismissed the department’s bid for leave to appeal to the Labour Appeal Court, finding that there were no reasonable prospects that another court would reach a different conclusion. The court also rejected a conditional cross-appeal by the doctor, Kwazi Celani Zwakele Ndlovu, who had argued that the compensation awarded to him was insufficient. The dispute stems from Ndlovu’s precautionary suspension in August 2021, after he served a letter of demand on colleagues in relation to a contemplated civil defamation claim.

This is after several consultant doctors had lodged complaints about Ndlovu’s management style and conduct, alleging oppressive and intimidating behaviour in the workplace. A disciplinary enquiry was instituted against him based on those complaints. A day before the disciplinary hearing was due to start, a letter of demand for defamation, issued by Ndlovu attorneys, was formally served on one of the complainants and related witnesses.

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The department viewed the timing and service of that letter as an attempt to intimidate witnesses and interfere with the disciplinary process. On that basis, Ndlovu was placed on precautionary suspension, the suspension was repeatedly extended, the disciplinary process continued, and he was ultimately dismissed in May 2022. His internal appeal was dismissed in June 2022.

The current judgment dealt primarily with the unfair suspension. While Ndlovu was eventually dismissed, this judgment does not review or set aside the dismissal—it only addresses the suspension that preceded it.

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