This emerged late on Thursday after a marathon meeting between doctors, Congress of SA Trade Unions (Cosatu) president Sdumo Dlamini and SA Medical Association (Sama) representatives at the Nelson Mandela School of Medicine in Durban.

Dlamini persuaded the doctors to end the strike, saying the country could not afford another day without doctors.

"Cosatu is worried that patients are dying. We fully understand your concerns and we believe that they must be sorted out."

If doctors agreed to suspend the strike, Dlamini said he would facilitate the process of reinstating the fired doctors - he would make sure that they were reinstated without any conditions.

The union federation president would meet KwaZulu-Natal premier Zweli Mkhize and health MEC Dr Sibongiseni Dhlomo on Thursday to make sure fired doctors were reinstated.

However, doctors said they would return to work on Friday morning only until next week — the deadline it has given Sama to break down and explain government's offer on Occupation Specific Dispensation, a salary package for public servants based on experience.

"If we are satisfied that, yes, we are going to be reinstated and if we are satisfied with the whole OSD package, then we will not resume the strike but if not, we are going to strike again," said Dr Cameron McIntosh.

Implication of government wage

"Within that week a task team must explain to all doctors the implications of the government's wage offer so that a vote can be taken if the offer is accepted or rejected."

Doctors also want government to present them with a plan to repair the ailing health care system. McIntosh said doctors were unhappy with Sama, saying the union was failing to represent them.

A call was made during the meeting for Sama to be restructured so that it would earn respect from doctors who did not trust it. Restructuring would also make sure that sprinter unions would come back to Sama.

The assurance by labour to the doctors in KwaZulu-Natal comes amidst a host of calls for medical workers who were dismissed due to the unprotected industrial action across the country to be reinstated.

Labour specialist, Johan Botes, director of Cliffe Dekker Hofmeyr's employment law practice, said there was a legal "glimmer of hope" for those dismissed.

Botes said it was not "improbable" that doctors who lost their jobs would find a "sympathetic judge wishing to administer his own medicine to an apparently obstinate employer".

Fairness of dismissal

"The Labour Court has previously held that the unjustified conduct of an employer prior to the strike is a valid consideration to take into account when determining the fairness of such a dismissal," he said.

National health department spokesperson Fidel Hadebe said dismissal letters issued to doctors stated they should provide a reason why they embarked on the illegal action.

He said government would look at the reasons provided and decide whether their dismissals stood or not.

On Thursday morning, government called on doctors to return to work immediately, saying the action was doing "considerable harm" to the health sector.

Meanwhile, Sama acting chairman Dr Norman Mabasa on Thursday evening said it remained unclear whether the union membership would accept government's latest pay offer.

"There is no final word yet, we are taking it by region," he said.

Sapa

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