Durban - A nurse has won a lengthy battle against the KwaZulu-Natal Department of Health after being sidelined for a senior post, allegedly because she is coloured.
Six months after professional nurse Samantha Fayers was told that she had met all the requirements and would take on the role of operations manager at King Dinizulu Hospital in Springfield, she can finally wear her new peach-coloured uniform.
“I’m so overwhelmed. When I went in on Friday to sign my contract, I thought I’d be walking into a lion’s den, but everyone was so nice. I’m so relieved,” she said.
Fayers, 44, said in July last year she received an email from the department to inform her that her application for the job was successful, that she should go to the hospital immediately to finalise the paperwork, and that her starting date was September 1.
“I immediately replied to the email and accepted the offer, said Fayers.
“I then drove to the hospital to fill out the documentation, but on the way there I got another email saying the job offer was on hold.”
By the end of September, when Fayers had still not heard anything, she went to the hospital to find out what was happening and a “Mr Eaton” allegedly told her she could not get the job because she was “coloured”.
She said a meeting with Herbert Mnguni, the human resources director in Pietermaritzburg, also yielded no result.
What followed was a six-month battle to get to the bottom of the issue. In the meantime, she had to deal with the stress of hair and weight loss, how to pay her rent and how to look after her son without a stable income.
However, last week she received a call to report to the hospital on March 1 and complete all the formalities and orientation for the new job.
“I was welcomed by all the sisters who will report to me. I’m so happy this is all over and I can get my life on track,” she said.
However, the job did not come without compromise. Last year she took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) which ruled in her favour.
CCMA commissioner Bess Pillemer ruled that Fayers had suffered unfair discrimination because of her race.
She said there was no “apparent” reason for the withdrawal of the job offer and that Fayers was entitled to compensation and to return to work under the contract which she was offered.
“If that does not happen, then she has her remedies relating to an unfair dismissal.”
Pillemer also ruled that Fayers should be compensated for her loss of income, failing which the Sheriff of the Court would move in and attach goods to the value of R122250 from King Dinizulu Hospital.
That order was never actioned.
Fayers said on Friday the department gave her a choice: accept the job and forget the compensation order. Alternatively, she could be compensated for loss of income for the past six months, but then she would not get the job and the post would have to be re-advertised.
“I’m just so happy to have a stable job. I’m not going to pursue that matter. I feel drained after this ordeal,” she said yesterday.
Fayers said ultimately the fight was not about race or gender, but about human rights.
“Keep records of everything. A paper trail validates your arguments and what you are fighting for,” she advised.
KZN Health Department spokesperson Ncumisa Mafunda said: “The department is pleased that this matter has reached finality.
“Regrettably, the department is unable to comment further.”