Former nursing staff take ABH to court

THE Aryan Benevolent Homes (ABH) in Chatsworth is facing legal action from 61 health-care workers, who claim they were “unfairly dismissed” during a mass retrenchment.

Ray Naguran, general manager at the ABH, confirmed the retrenchments had happened after a restructuring of the organisation.

He said the ABH had employed 152 health-care workers in different categories.

“Those retrenched included one registered nurse, 31 enrolled nursing assistants and 29 non-qualified caregivers.”

Naguran said the restructuring would not compromise the service level offered to residents, and families should rest assured that their loved ones were receiving the requisite care.

“Before the retrenchments, the nurse to patient ratio was 1:2. The industry norm is 1:5. The current ABH staff to resident ratio is 1:3.

“The ABH, like many other NPOs, has been confronted with multiple challenges over the years, including the rising costs of basic essential food and care items, inflation, medical cost hikes and subsidy cuts from the Department of Social Development,” he said.

He said one of their biggest fund-raisers, the ABH Fair, was not scheduled to take place this year, because it did not generate enough profit to cover its operating costs.

“The organisation has operated for 102 years, weathering many challenges.

“The restructuring was made with long-term sustainability in mind. We are confident that these measures will ensure that we continue our mission for years to come,” he added.

Mhlabunzima Memela, spokesperson for the Department of Social Development in KZN, said this was an unfortunate situation, considering that the nurses were required at the home.

He said the department funded the ABH to the amount of R13871484 a year, “R10 million is given for 275 older persons, while R3871484 is given for 100 people with disabilities. The ABH is run as a non-profit organisation, which is an independent body.

“According to information they shared with us, they have been facing financial constraints. This is why they have been unable to keep all the nursing staff.

“We have been funding social workers and beneficiaries of older persons, persons with disabilities and children. If the beneficiaries are affected by health services, the department will somehow be also affected,” he said.

Prince Mthalane, regional secretary for the National Education Health and Allied Workers’ Union (Nehawu), claimed that the retrenchment was “an attempt by the employer to neutralise Nehawu”.

“The retrenchment process was unfair. Given the status of the facility, the number of workers retrenched does not make sense. We brought a case against them at the Commission for Conciliation, Mediation and Arbitration (CCMA), but both parties could not reach an agreement. We have therefore opened a case at the Labour Court and are awaiting a date,” he said.

In its case to the CCMA, Nehawu said the home would not be able to function effectively without the full healthcare staff, and he claimed that it was understaffed after the retrenchments.

“This had placed a burden on the current health-care staff, who were “burned out”.

“We conclude that Nehawu was targeted because most of the workers who were retrenched belonged to our union. This was because we challenged them about non-compliance, health inspector issues, minimum wage and wage increases, the new buildings, renovations and spending on new furniture.

“The management did not want a strong union. We are confident that we have a good, strong case and that the Labour Court will rule in our favour,” Mthalane said.

A source at the home said things had not been running smoothly since the retrenchments.

He said there were 46 nurses on day duty and 22 at night.

“There are four frail care wards which have 48 patients. With four nurses, each nurse has to care for 12 patients. In the A and B sections, there are 50 patients. Each nurse has 25 patients to care for,” he claimed.

“The situation is putting the nursing staff under strain. Personally, I am exhausted. I go home and I am too tired to prepare a meal. I shower and fall asleep. I have body pain from being on my feet throughout the shift.

“Patient care is being compromised.

“They are not even given their meals on time because we can only do one person at a time. There are not enough hands,” the source said.

A 42-year-old nursing assistant, who has a disability and had worked for the home for 23 years, said she was shocked at being retrenched.

“We do not believe that the home does not have money to pay us or that the retrenchments were for the future sustainability of the home. This is because we belong to a union,” she said.

Another employee – who served as the nursing co-ordinator – said he was left in limbo after his retrenchment.

He had worked for the home for 13 years, but with broken service.

He said he had no back-up plan and was struggling to find a job.

“Since then, I have been struggling to put food on the table, pay my rent, and meet other financial commitments,” he said.