NO NO, I DON’T WANT TO GO
Ex-Fort England CEO in push for reinstatement
Grahamstown hospital CEO turns to court to fight transfer, which Bhisho says is for his own safety
Former Fort England CEO Dr Roger Walsh has taken the Eastern Cape health department to the labour court to demand his job back.
This comes more than a year after the provincial department transferred Walsh from the Grahamstown hospital to the Bhisho head office as provincial director of forensic services.
According to the court documents, the decision to transfer Walsh was taken on July 20 2017, about 10 months after the government placed him on special leave amid a wave of violent labour action in September 2016.
Three bouts of protests marred by burning and destruction of property accompanied the unions’ demands for his axing.
Health spokesperson Lwandile Sicwetsha said the transfer was a way of solving the labour impasse at the hospital.
Walsh, who has continued to earn his R1.2m annual salary, has refused the transfer and is instead suing to get his CEO job back.
The matter will be heard on October 25 at the Port Elizabeth’s labour court, said Walsh’s lawyer Justin Powers.
Sicwetsha said the department had tried in vain to persuade Walsh to report for duty in Bhisho.
In a written response to the Daily Dispatch on Thursday, Sicwetsha said: “Dr Walsh has again been served to report for duty notwithstanding the pending court process.”
Sicwetsha added the transfer was for Walsh’s own safety.
In his written response Sicwetsha said: “Following the unrest at Fort England the department took a decision to move him to head office for his safety and the sake of stability in the facility. Dr Walsh challenged the decision in court and the department filed its responding papers in this regard. The matter is not yet resolved and is before court.”
Walsh, a medical doctor by training, is a graduate of the St Mary's Hospital Medical School in London, UK.
According to court papers Walsh wants the court to declare the department of health’s decision unlawful and unconstitutional to review it and set it aside.
He also wants the first and second respondents – health SG Dr Thobile Mbengashe and MEC Helen Sauls-August – to reinstate him and pay for the legal costs of the application.
The union unrest followed findings of a commissioned investigation conducted by advocate Amelia Da Silva which exonerated Walsh from any wrongdoing followed complaints by labour unions against Walsh and his management team of mismanagement.
In a letter to the Daily Dispatch on August 31, a source within the hospital, who asked not to be named for fear of victimisation, said since Walsh’s departure there had been four employees acting in his position, the last person for only 12 days in August. Another official has been appointed to act for 10 days in September where after another acting CEO would be appointed.
“This institution is in a crisis. The hospital board, which is our direct link to the community, has not sat this year,” they complained.
The department had not commented on the claims of acting CEOs nor of the board not having sat by time of print.
Fort England is a 313-bed psychiatric institution with 49bed maximum security unit.