Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal - Health - Nairaland
Nairaland Forum / Nairaland / General / Health / Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal (11820 Views)
COVID-19: Management Reacts To Protest By ESUT Nurses Over ‘lack Of PPE’ / Coronavirus: Enugu Takes Proactive Steps, Relocates Isolation Centre To ESUT / Court Restrains Resident Doctors In ESUT Teaching Hospital From Strike (2) (3) (4)
| Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by OEPHIUS(m): 10:27pm On Apr 25, 2020 |
ASSOCIATION OF RESIDENT DOCTORS (ARD) ESUT TEACHING HOSPITAL PARKLANE ENUGU, THREAT TO EMBARK ON STRIKE By the provisions of Section 31 (6) (a) of the Trade Union Act, Cap. T14, LFN, 2004, as amended by the Trade Union (Amendment) Act, No. 17 of 2005, it is unlawful for any person, trade union or employee that engage in the provision of essential services to take part in a strike or lockout or engage in conduct in contemplation or furtherance of a strike or lockout. Section 7 (1) (b) (iv) of the Trade Dispute (Essential Services) Act, Cap. T9, LFN, 2010 clearly define essential service as any service in connection with hospitals, the treatment of the sick and the prevention of disease. The Resident Doctors of University College Teaching Hospital Parklane Enugu are engaged in rendering essential services within the contemplation of Section 48 (1) of the Trade Disputes Act, Cap. T8, LFN, 2004; Section 7 (1) (b) (iv) of the Trade Dispute (Essential Services) Act, Cap. T9, LFN, 2010 and 31 (6) (a) of the Trade Union Act, Cap. T14, LFN, 2004, as amended by the Trade Union (Amendment) Act, No. 17 of 2005. Consequently, they are not in law entitled to embark or threaten to embark on any strike. In 2010, in SUIT NO. NIC/EN/16/2010; A-G ENUGU STATE V. NATIONAL ASSOCIATION OF GOVERNMENT GENERAL AND DENTAL PRACTITIONERS (NAGMDP) AND ANOR, the National Industrial Court on the 20th of June, 2011 held that service in a hospital is essential service under the Nigerian Law. Similarly, in NICN/EN/226/2013; UNIVERSITY COLLEGE TEACHING HOSPITAL BOARD V. NATIONAL ASSOCIATION OF RESIDENT DOCTORS OF NIGERIA & 2 ORS, the National Industrial Court on the 23rd June, 2014 decided that the Resident Doctors are engaged in the provision of essential services and cannot take part in any strike, or engage in any conduct in contemplation or furtherance of any strike/industrial action. Out of abundance of caution, when the Association of Resident Doctors (ARD) ESUT Teaching Hospital Parklane Enugu, by a letter dated 28th day of February, 2020 threatened to embark on industrial action, the Enugu State Government in SUIT NO: NIC/EN/16/2020, ENUGU STATE GOVERNMENT V. DR. EDOGA CHIME EMMANUEL & ANOR took our Originating Summons on the 2nd of March, 2020 for the court to determine whether in view of the extant laws and earlier decisions the Resident Doctors can embark on a strike action. Following the Originating Summons, Motion Ex Parte and Motion on Notice filed and upon the hearing of the Motion Ex Parte, the National Industrial Court sitting in Enugu on 2nd March, 2020 issued an order restraining the Resident Doctors, ESUT Teaching Hospital Parklane Enugu from embarking on any strike pending the determination of the Motion on Notice. That order has been duly served on the representatives of the Resident Doctors and they have filed their response to the court processes served on them through their lawyer. That case is still pending in court and coming up for hearing on the 20th of May, 2020. We, therefore, view with dismay the threat by the same Resident Doctors, ESUT Teaching Hospital Parklane Enugu to embark on strike in the face of this Coronavirus Disease (COVID-19) pandemic, worst still when there have been decisions of court against such an action and subsisting order of injunction restraining the Resident Doctors, ESUT Teaching Hospital Parklane Enugu from embarking on strike/industrial action. The threat to embark on strike made by the Resident Doctors, ESUT Teaching Hospital Parklane Enugu in the face of the subsisting order of a court of competent jurisdiction is unlawful and unjust. A subsisting Court order must be obeyed until it is set aside. CONCERNED ENUGU STATE CITIZENS 1 Like
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| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Chatflick(m): 2:59am On Apr 26, 2020 |
Finally... For the first time in 7 years I made FTC. My eyes are filled with tears of joy and I dedicate this plot of land to all Nairalanders, you guys should stay strong and remember that one day corona virus must go. 15 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Donald3d(m): 3:03am On Apr 26, 2020 |
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| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by ViktorCash: 3:08am On Apr 26, 2020 |
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| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Kobicove(m): 3:10am On Apr 26, 2020 |
I believe the doctors are humane enough to know that this is not a good time to go on strike! 6 Likes 1 Share |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by princemillla(m): 3:20am On Apr 26, 2020 |
Strike at this time........ Nawa oooo 1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Tinyemeka(m): 3:20am On Apr 26, 2020 |
Stupid hypocrites. See how they took out time to blow grammar here and there, without a single utterance about the reasons why the doctors are protesting. Early this month, nurses protested lack of PPE available to protect them from Covid-19 and the CMD had the temerity to say it was just a handful nurses who were causing trouble. Now it's resident doctors and the response is to rush to court and produce documents to show that they are essential workers of which they mustn't strike. Have their grievances been addressed? What do I know?  79 Likes 6 Shares |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Amudeneogu: 3:21am On Apr 26, 2020 |
'Please, leave sentiments and go and settle the doctors pay them their salaries and provide them their working tools 32 Likes 2 Shares |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by seedorfg(m): 3:38am On Apr 26, 2020 |
The Doctors should please call of the strike, because we are now at a crucial time that their service is highly needed, and the government too should sort out any issues that is causing the strike. The doctors are our essential helper now o... 4 Likes 2 Shares |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by KlynSoul: 3:40am On Apr 26, 2020 |
Doctors, and other health workers also have the fundamental human right to protest against Injustices, which supercedes the Trade Union Acts Mr.Poster is quoting. Injustices could be in the form of Non-payment of Salaries, or non-provision of PPEs they need in this critical time of Coronavirus pandemic. What are you saying, you want to force somebody to continue working, without Salaries. You want them to risk their own lives, work without PPEs. Whoever drafted and started quoting these Labour/Trade Union Acts for them this time is not only heartless but wicked. OP if you were in their shoes, will you accept.? 38 Likes 2 Shares |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by FSolar: 3:54am On Apr 26, 2020 |
Not so much of being humane at the moment. They see death and we expect them to walk right into it because it is their “job”? How much of their demands have been met to function properly? Same people that their former minister told to go start Farming and tailoring? Same people that their present minister does not even know about their hazard allowance? Same people that the UK has offered half the time for visa collection and reduced their cut-off mark to come work in their country, yet your Govt. thinks that there is no need to provide adequately for them, meanwhile they fly in Drs from China whom no one knows if those ones had just completed housemanship? Same people that we are not hearing news of PPEs being provided for as palliatives are being provided to the masses? If you were the one, and without being selfish in thoughts, don’t you think the strike is the least they are doing? In case you have headache about the strike, your paracetamol might be to go study Medicine. We would cheer you all the way. When you start working, make sure that the very day that you ever have to complain about your working conditions or you are thinking of migrating to greener pastures, you would earn a death sentence and not a protest nor strike quoted with a suit no. 19 Likes 1 Share |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by DesChyko: 3:56am On Apr 26, 2020 |
In other words, the resort is to grab them by the balls if they request for deserved working conditions? 3 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Sportwin(m): 3:59am On Apr 26, 2020 |
Concerned citizens Why didn't you read medicine Werey pple 1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by ELgordo(m): 4:02am On Apr 26, 2020 |
ovoko.... |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Nobody: 4:03am On Apr 26, 2020 |
Kobicove:So they should keep working without pay or protective equipment? 6 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by salford1: 4:15am On Apr 26, 2020 |
Even resident doctors go on strike in Nigeria 1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by KlynSoul: 4:15am On Apr 26, 2020 |
Many times here, we have read how Doctors and health care workers could not attend to Suspected cases of Covid-19, because they don't have PPEs. A patient even lost her life in UNTH. Mr Poster and your fellow Concerned Citizens, why not channel this energy towatds the Government. Let them Provide PPEs. Let them appreciate the health workers, Health workers have families to take care of. 11 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by KlynSoul: 4:17am On Apr 26, 2020 |
It's really not easy to be a health worker this time. And somebody is busy quoting stupid Laws and Acts for them. 7 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by xpool(m): 4:24am On Apr 26, 2020 |
Sportwin:Mumu comment, by mumu. Even the market woman selling food stuff has become an important professional |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by gbodimowo(m): 4:25am On Apr 26, 2020 |
Kobicove: This isn’t a kiss of being human or not this story is one-sided we need to know why the doctors want to embark on an industrial action end of story 6 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by xpool(m): 4:26am On Apr 26, 2020 |
DominusPrime:They are just scared of corona virus, na run dem don run so. |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Nobody: 4:35am On Apr 26, 2020 |
not this time |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Stalwert: 4:42am On Apr 26, 2020 |
Rather than secure PPE for them he is quoting law, did the same law set there should test infectious disease without protective clothings? 6 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Orelafintun: 4:53am On Apr 26, 2020 |
Kobicove:Let the government pay them. Don't you know the risk they face on daily basis. If you have relatives that are healthcare workers you won't be talking like this. Government should be responsible for whatever happens to the populace. This is not the time for health care workers to be hungry or else their immunity will be low to fight infections. 7 Likes 1 Share |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by ogawriter(m): 5:20am On Apr 26, 2020 |
Abi oh 1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by jericco1(m): 5:25am On Apr 26, 2020 |
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| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by bjgurl(f): 5:34am On Apr 26, 2020 |
The government are not aware of or should I say are not concerned about the well being of this doctors and nurses in the war front saving lives and humanity of these deadly diseases. No matter the amount paid to them doesn't guaranteed that their own life are secured�, no life insurance policy et al. Take care of our health workers and don't condemn them, they're the real super warriors Provide them with adequate PPE and ensured safety first. 2 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by Covidodo: 5:48am On Apr 26, 2020 |
Nonsense . Those doctors would go on strike if their demands are not met and heaven won't fall . 3 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by macaranta(m): 6:16am On Apr 26, 2020 |
You can as well turn them to slaves ... Whatever law you are quoting becomes nullified by a force majeur, Covid-19 is one such force  1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by nervorum: 6:39am On Apr 26, 2020 |
OEPHIUS: Engaging in media propaganda in this matter is foolery. Everyone in Enugu knows how irresponsible govt has been in this matter, and doing this rather than taking the short cut of resolving the matter honestly, further demonstrates that. Isn't it better for govt to keep its commitment than resort to cheap blackmail and running helter skelter? A govt of lies and liars. 1 Like |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by ChelseaDr(m): 6:44am On Apr 26, 2020 |
There is no hospital called university college teaching hospital Enugu, Park lane. I'm sure the law the writer quoted also has a section that provides for the welfare of these essential workers. Again, the writer appears to be a paid agent of the government of Enugu state because this story is one-sided. Why did the doctors embark on strike in the first place?. Does the op know that doctors and other health workers are being paid N5000 as hazard allowance and they have not been complaining and even as small as this amount is, some government officials including FG still don't think it is wise to enhance health workers welfare, at least at this time without being pushed. The ARD in Park lane must have been swallowing the bitter pills but decided not to, this time around. Health workers are humans too, prone to covid-19 infection, how does anyone expect them to work without protection. The chaos happening in Kano today is because the members of the state task force against covid-19 are battling to be alive after testing positive, the ncdc lab in Kano is shot down because some staff tested positive and somebody is talking about one law and cap... That is nonsense and ingredients 5 Likes |
| Re: Why A Strike By Resident Doctors In ESUT, Enugu Is Illegal by ChelseaDr(m): 7:00am On Apr 26, 2020 |
xpool: They are not scared of covid-19, they are just asking for what is due to them...salary. Even the Bible stated that a worker deserves his wages. These people have families too. Have you ever gone to kill a rattle snake with your bare hands, that is exactly what you expect these doctors to do, to confront covid-19 without personal protective equipments, haba guy, think about it. Do you know in many hospitals today, patients still buy gloves for them to be seen? Tell the government to do the needful, if you are close to them. 2 Likes |
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