PHSDSBC

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IN THE MATTER BETWEEN

NEHAWU / Denosa / PSA / Hospersa / NUPSAW obo members APPLICANT

AND

National Department of Health RESPONDENT

PROCESS AGREEMENT

The parties agree on the following:

1. The parties will convene and agree on the terms of reference for the Service Provider on 01 July 2005.
2. On 06 July 2005, three Service Providers will be called into the meeting where they will be briefed on the ‘terms of reference'. The suggested Service Providers are Wits (Law Clinic), Pretoria University and KPMG.
3. On 13 July 2005, the Service Providers will submit their proposals which include cost of research and timeframes.
4. The parties agreed on 3 months for the process to be completed by the appointed / approved Service Provider.
5. On 15 July 2005, the successful Service Provider will come and present the way forward (how they are to do the research) to the EXCO.
6. On 15 July 2005, the EXCO will make recommendations to the Council for the approval of the research.
7. The cost of this research will be born by PHWSBC.
8. The Service Provider will commence it's research as agreed on the proposal and comeback with findings and recommendations to the Council.
9. Based on the findings and recommendations the parties will meet, negotiate and conclude an agreement.
10. This matter is postponed sine die until the expiry of 3 months period / or agreed contract period between the PHWSBC and the approved Service Provider. Should an agreement not be reached by the parties a certificate of unresolved dispute will be issued and Section 71(9) of the LRA will be automatically be invoked. The applicant will refer the matter to the Essential Service Committee for the final resolution of the dispute.

This being a process agreement is not a settlement of the referred dispute.

No variation of this agreement will be legal and binding unless reduced in writing.

HEALTH MATTERS.

NUPSAW ALSO cares for Health Professional.

Whilst the Union does not condone any form of negligence whilst a member is treating a patient, it does however recognises that human error does from time to time occur through no deliberate fault of a health professional and that this may lead to litigation which may run into millions of rands.

It is against this background that the National Executive Council of NUPSAW has approved that the Union should from its resources pay the premiums to the insurance at no extra cost to the members affected from 1 April 2004, to cover the Health professionals against Medical Malpractice with a reputable insurance company. The cover is for R5 Million per incident where a member is sued for negligence whilst performing his or her work in good faith. This cover is free to all our health professionals.

Doctors, Nurses, Radiographers, Physiotherapist, Laboratory Technicians etc can now join the NUPSAW with a freedom of mind that they will remain covered for R5 Million should any unforeseen incident happen which may result in a member being sued and the state refusing liability.

AGREEMENTS on Scare Skills Allowance and Rural Area Allowance.

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