|
LEGAL SERVICES SUPPORT PACKAGE TO SAMA MEMBERS
Introduction
The Public Sector Advocacy Task Team, led by the Interim Committee on Unionisation (Now called the Public Sector Advocacy Committee), chaired by Dr Akhtar Hussain wishes to outline to you what it is busy with on your behalf. There is much more detail to the content below.
What is SAMA doing for you?
The South African Medical Association (SAMA) wishes to highlight to members the services offered by SAMA in as far as legal and labour related matters are concerned. SAMA has in its employ, competent legal and labour law professionals with extensive knowledge and capacity to offers these services.
The following legal services are provided to the members:
Individual labour Law services to employed doctors:
We assure our members that our Industrial Relations, SAMA Legal team and lawyers are able to provide more services and is in a better position now to represent you in terms of Rule 25 of the CCMA rules.
This rule provides employees with the right to apply for legal representation in labour disputes such as disciplinary hearings, grievances, incapacity procedures as well as matters referred to the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) and the Public Service Coordinating Bargaining Council (PSCBC). This application will be made by SAMA on behalf of its members in the public sector on an individual basis.
The primary role of SAMA’s Employee Relations Department has been, and will continue to prevent and resolve employment issues, which includes providing advice, and representing you at:
- Grievances representation,
- Disciplinary matters,
- Unfair labour practices and dismissal disputes,
- Unfair discrimination and employment equity matters;
- Labour Court and related matters
- Mediation processes
Collective Bargaining:
SAMA will continue to bargain on behalf of employed doctors. The processes will include but not limited to:
- Holistic Advocacy – which includes even operational facility issues that compromise patients
- Strategic Litigation – in respect of all matters raised by even the individual member
- Negotiation with the employer on matters of mutual interest
- Pre-litigation Mediation where there is hope for prevention of interventions through the courts
- Stringent stakeholder engagement – where conflict is beyond the employer-employee axis
- Collective Agreements - Section 23(1) (d) and 32 of the Labour Relations Act, provides for the extension of Collective agreements. Agreements reached at the Bargaining Council can be extended to non-parties to an agreement with the effect that the non-parties are similarly bond to the terms of the agreement as if they were signatories to the agreement. This extension is constitutionally valid and may be used for matters of mutual interests such as wages. There are legal measures in place to ensure that aggrieved employees have a right of recourse in instances such as discriminatory or other unfair conduct or reviews of the extension of impugned collective agreement
- Lobbying on all matters of concern to the profession and its members
- Technical and strategic support to Special Interest Groups (Students, junior and senior doctors, registrars, and academics) - Strategic engagements with the Department of Health on the drafting of public sector policies. SAMA has traditionally made valuable contribution to policies on Commuted Overtime (COT), Remunerative Work Outside of the Public Sector (RWOPS), and Occupational Specific Dispensation (OSD), and continues to do so.
General Legal Services
- Managing and resolving medical scheme disputes and forensic audits
- Assisting members with HPCSA matters and disciplinary proceedings
- Monitoring the health policy, legislative and regulatory environment
- Providing expert advice and guidance in respect of policies, draft legislation, judgements, ethical guidelines and ruling affecting SAMA members
- Preparing submissions and presenting on behalf of SAMA to parliament, government departments and statutory bodies on proposed legislation, regulations, policy documents and other legal notices
- Researching and drafting legal opinions
- Presenting at seminars, events and CPD meetings to educate and inform SAMA members of medico-legal issues
- Assisting with ethical and professional compliance issues
- Drafting of wills
Questions and/or comments are duly invited and may be forwarded to this email address: online@samedical.org
Kind regards
Dr Vusumuzi Nhlapho
Acting General Manager
Dr Akthar Hussain
Chair: Public Sector Advocacy Task Team
| 
