Staff Reporter
Bloemfontein – “The Free State Department of Health has not acted unfairly against the above-mentioned employee and will not respond any further to Step Up News or any other unauthorised third party regarding personal and confidential matters concerning officials of the Department.
Officials of the Department are also urged to always follow all due Labour Relations processes,” said Mondli Mvambi, spokesperson for Department of Health.
EVIDENCE SHOW OTHERWISE
The Department of Health has indeed treated Eunice Mphanya unfairly, and here is how:
Mphanya was terminated on 5 May 2025, and ten months later, she is still waiting for the outcome of her appeal/representation submitted to Mokapi Mokhachane, Office Manager in MEC Viceroy Mahlatsi’s office.
According to the Bargaining Council, appeals must be processed within 30 days. Both Mokhachane and Mahlatsi, having served within labour unions, are expected to be aware of this.
MANAGEMENT FAILURE
When Eunice Mphanya was terminated on 5 May 2025, it was on the grounds that she had absconded from 6 April to 5 May 2025.
However, text messages show that Mphanya contacted Lucas Kganane on 23 April 2025.
The email was also sent, although Kganane claims he did not receive it.
Below, we demonstrate how the Department again treated Mphanya unfairly:
Kganane, a nurse, overruled a psychiatrist and scheduled Mphanya for a night shift, later declaring her AWOL on 12 March 2025.
This followed his enquiry about her whereabouts just two days earlier, on 10 March 2025.
Kganane also overwrote Mphanya’s off days.
Furthermore, Kganane did not only delete messages but also failed to provide a management response regarding the night shift Mphanya was expected to work.
The Department of Health has failed Eunice Mphanya.
If there are any lawyers willing to take up Mphanya’s case for damages suffered, please reach out to us.
If patients can sue the Department of Health for negligence, employees should be able to do the same.
LUCAS KGANANE’s TESTIMONY AT BARGAINING COUNCIL
He was the Manager for the Orthopedie Department, He was the Applicant’s supervisor.
The Anolicant was absent from work from 6 April 2025 until 7 May 2025. Her last working day was 5 April 2025.
He met her for the first time after 6 April 2025 on 7 May 2025. He did not know her whereabouts. She never gave a report to him.
The Applicant did not come to work during this period and met him. # she came to work on 5 May 2025 then they could have sat down and would have discussed the reason for her prolonged absenteeism and come up with a way forward.
An employee forfeis their off day when not at work.
The Applicant did not qualify for the rest days as she never worked.
Employees qualify for the off days as they work 12 hour shifts and needed to rest and recuperate.
It was an opportunity to rest and recover. On 6 April 2025 the Applicant reported she was sick. No medical certificate was submitted. He overwrote “sick” with ABS which means absent.
He was authorized as the unit manager to overwrite the day off duties. He denied that the overwriting constitutes fraud.
He was the responsible person and had to remember these things for payroll purposes.
The attendance register superseded the duty roster.
The duty roster was a guideline to schedule off duty to make sure the ward was covered. The Applicant was sent absent without permission letters on 13 April 2025 and 29 April 2025 (pages 21, 23 bundle A).
It instructed her to resume with her duties, if she was unable to, she had to make arrangement with her supervisor.
The letters were left in her post box as nobody was at home. He also made an affidavit at the police station that he delivered the document at the Applicant’s address.
The Applicant received these letters as they formed part of her bundle.
He issued her with the termination letter dated 5 May 2025 on 7 May 2025. She was absent from work for 31 days when calculated from 6 April 2025 until 6 May 2025.
He could not remember getting an email dated 23 April 2025 which was sent by the Applicant.
During cross examination he testified that section 17 (3) of PSA stipulated that the rest days are not counted. The applicant was aware of the this provision.
He was not able to prove it. He conceded he knew since 2024 that the applicant was psychologically challenged.
He agreed the 30 days absent included various “off days”. He testified the Applicanthad off days on 7, 8, 14-20 April 2025. He later denied thus. He didn’t follow any processes after he left letters inside the Applicant’s post box.
He conceded that the email address in the email which the applicant allegedly sent to him on the 23 April 2025 was correct. He agreed that he told the applicant to consume medication during the day. He didn’t need authorisation to change a prescription of a doctor.
WE URGE ALL HEALTH PROFESSIONALS TO REACH OUT TO US WITH ANY ISSUE. OUR WHATSAPP NUMBER IS BELOW.
Lucas Kganane did not respond to our questions.
Up next: Given Kula, followed by TS Shale.
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