Former Nyangabgwe hospital drivers lose court case
About 21 litigants previously employed as ambulance drivers at Nyangabgwe Referral Hospital have lost their case at the court of Appeal (CoA) following the initial dismissal of their claim at The Industrial Court to be paid night duty allowances by the ministry of Health and Wellness.
The group dragged the Ministry to court to demand reinstatement of the night duty allowance paid to them before it was ceased in November 2013.
Initially the appellants were employed under the Ministry of Local Government, but in October 2010 they were transferred to the Ministry of Health after the central government decided that clinics under the Ministry of Local Government should be taken over by the Ministry of Health.
The appellants were transferred to Francistown under the administration of the Greater Francistown District Health Management Team (DHMT) hence the status of the drivers changed from being industrial employees to that of permanent and pensionable employees.
It was brought to the attention of court that the appellants colleagues who are still under the industrial employee status at Nyangabgwe referral hospital are still paid night duty allowances.
As a referral hospital Nyangabgwe hospital adopted a night shift schedule which led to the payment of a night duty allowance.
Upon their move to the Greater Francistown management the appellants continued receiving this night duty allowance until the payment was discontinued around November 2013.
The disgruntled drivers then initiated proceedings in the Industrial Court, seeking an order directing Ministry of Health and Wellness to pay them the night duty allowance.
In the Industrial Court the issue to be decided was formulated as being whether the appellants were entitled to a night duty allowance or whether they (as admitted shift workers) were only entitled to a shift allowance.
The Industrial Court pointed out that when the appellants worked longer hours, they also received overtime payment in terms of relevant provisions, therefore rejecting their contention that they were entitled to a night allowance as well.
Consequently, their claim was dismissed, with no order of costs hence their appeal at CoA that would later be rejected by a bench of Justices Johan Froneman, Lakhvinder Walia and Baaitse Nkabinde.
