A Free State doctor fired for protesting against abortions must be reinstated at the National Hospital in Bloemfontein, an arbitrator has found, the Public Servants Association of SA says.
Doctor Faan Oosthuizen was dismissed in February 2009 for participating in protest action and campaigns against the termination of pregnancies by the Free State health department as far back as 2006.
PSA spokesman Manie de Clercq said Oosthuizen's dismissal in 2009 was substantively unfair. The Free State health department was ordered to reinstate him in the same or similar position, with the salary and benefits that existed prior to his dismissal.
Oosthuizen was also discharged on two other counts of misconduct relating to his failure to make use of the formal grievance procedure and the alleged victimisation of his management and fellow employees.
Oosthuizen was part of Doctors for Life, a pro-life organisation in South Africa.
"He arranged demonstrations and picketing to take place at the TOP [Termination of Pregnancy] clinic at the National Hospital outside working hours," De Clercq said.
He said the group has "meticulously" objected to performing TOPs, but was compelled to perform or at least complete abortions started by other doctors at clinics.
"The termination has therefore been set in motion by another doctor at a clinic not rendering a 24-hour service, and therefore cannot complete the procedure, but now relies on another practitioner (such as Oosthuizen) at a hospital to do so, mostly after hours."
De Clercq said the arbitrator found the department led no evidence indicating any official felt victimised, threatened or intimidated when Oosthuizen reported the matter to the Health Professions Council of South Africa.
"Legislation recognises and protects both the rights of a woman seeking TOP and the rights of the doctor to act in accordance with his or her beliefs," De Clercq said.
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