The South African Local Government Bargaining Council (SALGBC) has found in favour of a fire station commander, ordering the City to reinstate him to his previous position after he was unfairly removed.
Station commander Mogamat Girie, who has been in service since 1987, was dismissed on grounds of medical incapacity after suffering a heart attack in 2021.
Girie had been booked off sick by his cardiologist from his date of discharge on September 4, 2021 until October 4, 2021.
However, after resuming duty, Girie was served a notification of “alleged incapacity due to ill health by his line manager, which called him to a (incapacity) consultation for November 10, 2021”, the SALGBC arbitrary award noted.
Girie had however continued reporting for duty after he underwent the necessary testing which deemed him fit for duty. “In the minutes of the incapacity consultation meeting of November 10 2021, received by Girie on November 15, 2021, it was stated inter alia that his incapacity was deemed to be related to prolonged ill health (temporary), a condition that may be amended as more detail of Girie’s condition came to light, and that the applicant was to obtain a comprehensive doctor’s report on his condition and how this may affect his ability, if any, to do his job functioning. A copy of such report was to be submitted to the City’s occupational health doctor/practitioner, to advise the chairperson on Girie’s ability to perform his job,
“On December 14, 2021 Girie was telephonically informed by his line manager that he should cease his duties at Hout Bay fire station and report for day shift at Wynberg fire station the next day. Girie complied with this instruction and was advised by the head of department that this transfer was based on the recommendations of Dr Gangat, the (City’s) occupational health practitioner,” the arbitrary award read.
The occupational health practitioner “did not have sufficient information to recommend resumption of full operational duties” and due to this and pending a further review and out of caution, placed Girie on “performing sedentary or admin duties”.
Girie was eventually removed from operational duties.
In his evidence, Girie argued that correct procedure was not followed by the City and submitted that he “expected the first meeting to be a return to work consultation”.
The arbitrator ruled that the dismissal was unfair and ordered Girie’s reinstatement, whereafter he resumed duty on November 1 without backpay.
Girie said: “ I would be untruthful if I said that I was not unhappy about the back pay. However, it goes way beyond that. My line manager made misrepresentations to the City doctor, and he in turn made a determination on my fitness to perform my work.”
City spokesperson, Luthando Tyhalibongo, said: “The employee was reinstated on November 1 2023. The City has no further comment.”
Cape Times