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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
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Experience:  BLC LLB (Pret) LLM (Augsburg)
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Can you assist me with victimization because I report insidents

Resolved Question:

Can you assist me with victimization because I report insidents to managements that can cause patients death. Eurika
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Barend B. replied 2 years ago.
Good afternoon,

Could you please tell me more? How are you victimized? Who are victimizing you? What incidents did you report? Who did you report to?

Regards,
BB
Customer: replied 2 years ago.
: Victimization of Eurika Cooks opened at Headoffice March 2012 against Femina Management
Inbox
x
eurika cooksXXX@XXXXXX.XXX
12:51 PM (2 minutes ago)
to pretoria

 


Subject: Victimization of XXXXX XXXXX opened at Headoffice March 2012 against XXXXX Management



Mr Isaacs, could you please forward this email to the following directors as I do not have their email addresses.

 

For attention: Dr XXXX XXXXXXX, XXX XXXXXX, XXXXX XX XXXXX, XXXX XXX XXX XXXXX

VICTIMIZATION

Here follows the events leading to the case of victimization to be brought against the management of XXXXX XXXX Hospital. During March 2012 this was brought to the attention of HR director XXXXXX Headoffice but nothing was done to resolve the problem .



The events have been taking place over a period of time, and considering the amount of trauma and stress it has placed on me and my health, I hope that you will excuse if the dates vary a little.

1. In October of 2010 while I was working in the doctor's rooms as receptionist, I applied for leave according to the XXXXXXXX policy. The doctors agreed to my leave and verbalized that I should move the appointments a week further on. When I reported to Mrs XXXXXX, she verbalized that I could only have leave in December when the doctors are off as it is the Doctors who bring money into the hospital and not me. The very same day at approximately 10h00 as my husband arrived to bring me my car, he found me lying behind the counter in the doctor's rooms where I had fainted. He immediately rushed me to our G.P. Dr X XXXXX. XXXXX was not present, however the doctor standing in for him took my blood pressure, and immediately arranged a high care bed for me at XXXX hospital. Dr XXXX XXXXX (internis) took charge of my care at XXXX for maligna hypertension. While in hospital I was telephonic harassed by Poppy ( the HR at that time ) who verbalized that I have been away from work for more than two days without notifying my employer. However, my husband had personally informed them of my admission, for which they signed a receipt of my admission confirmation.from the Doctor.



2. Between November and Desember of 2010 while working in antenatal ward RN XXXXX XXXXXX mixed 4 Ampules of Venofer in 1L Ringers Lactate to administer to a patient. When I confronted her regarding the fact that this was incorrect administration of Venofer she told me that I am only an assistant nurse. I then proceeded to ask Dr C XXX XXXX XxXx ( who was present in the ward at that time ) what the correct administration method was and she confirmed that I was correct. I then proceeded to report it to labour ward RNs, who then contacted the pharmacist on duty ( Melissa ). Melissa came and talked to RN XXXX and immediately stopped the medication. Melissa then ensured that the venofer is given correctly later at night and also wrote an incident report. I was then reprimanded by RN M XXXX for daring to ask Dr XXXX XXXXX the correct administration method, even though I never mentioned the incident to the Dr.

3. 2011. Rn T XXX administered 20ml MgSO4 IVI in the forearm of a patient of Dr XXXXxx( a family member of the Dr was also admitted in the ward at that time ). When I enquired as to why it was not given according to the usual protocol of 5g in each buttock and 4g in 200ml NaCl 0.9% she verbalized that she did not know. RN XXX then refused to inform Dr XXXX of the incident. Meanwhile the patient refused any further injections, and RN XXXp instructed us to put warm compresses on the injection site. There was no unit manager appointed at the time, and RN M Knopjjes our shift leader was informed. According to Hospital Policy MgSO4 IVI may only be administered in Hi-care and Labour Ward not in the other Wards. According to my knowledge nothing was done about this incident.

4. During the revamp of the antenatal ward in 2011 while working on level 4 the following incident took place. While changing the linen on the bed of a patient, the student nurse took the linen off the bed with the baby inside and had to be stopped by me as she nearly threw the linen with baby and all into the dirty linen trolley. The grandmother of the baby was present in the room at the time and was very upset at the fact that the student laughed about it, and thought it was funny. It was also written on the "Rate Us Form ". I proceeded to report the incident to RN XXXX XXXXXXXX who reprimanded me for reporting the incident to her rather than just correcting the student nurse - which by the way I had done, otherwise the baby would have been in the dirty linen trolley.
When I had taken the baby in question from the dirty linnen and wanted to put it down in the crib, I found a green needle sticking from the crib mattress. This was reported to RN X XXXXXX ( rest her soul ) who verbalized that she will follow up on it. According to my knowledge nothing was done about this incident.



5. Also on level 4 during the revamp of antenatal ward while on vital data rounds I found a suction bottle under the bed of a patient full of urine that had been used to empty the catheter in. According to the patient the bottle had been there the whole night, and I found that her room had no suction bottle in case of emergency. I reported this to RN XXXX XXXXX who said that I am not to worry and that I should put the bottle in the sluice to be cleaned as she knew about the bottle in the sluice, but I then showed her the bottle with urine and fetched the empty one in sluice. Nothing was done about the situation.

6. Also on level 4 during the revamp of antenatal ward RN XXXXXXX and I was working very hard one day with no time given for tea or lunch while the other staff had ample time for both, I felt faint and took a bite of a sandwich in the baby room ( while there was not babies or anyone else in the room at the time ). RN X XXXXX entered the ward and verbalized that it is unacceptable despite the fact that I was about to faint. She then proceeded to give me a written warning which I refused to sign on instruction from RN XXXXXX as she knew what was being done to us and Sr XXXXXX informed me to write a letter and request due to this being a first offense.
7. At another time in the same ward I was given a written warning for wearing my sleeveless Netcare embroidered and supplied body warmer after being verbally abused by RN Heaton in the presence of a patient. I also refused to sign, as this is part of my uniform, and is sleeveless leaving me bare "below the elbows".
RN M XXXXXX later advised me to open a case of victimization, as it was clear to her that I was being victimized because I reported incidents that could endanger patients lives.

August 2011 after Sr XXX XXXXX went on pension the management found me reliable, trustworthy and capable to run the antenatal ward, to orientate Agency Staff on each shift, for several days I was on my own with up to 7 patients in the ward, only with the hostess and cleaner, I even carried the drug cupboard keys, because they cannot trust some of the agency RN's that was allocated to work with me. RN's that could not do or interpret CTG's but relied on me to do and take the responsibility of that, because they can trust me. Even though I am only an assistant nurse, I had to order ward stock and drugs for the unit, for a period of six months. Due to the fact that they battle to get RN's and so many people resign, they use me as a reliable person outside of my scope of practice. The Unit manager expected from me to train the RN's and to correct their mistakes, while I was in charge of the Antenatal Ward. Often various staff unit managers of other wards, refered to Antenatal Ward as "my ward". Management promise to back-up if any thing happen during this period. Today I know better. No drugs or medication dissapear in that time.



In November 2011. I was contacted at home by RN A XXXX regarding the "mislike" patient that I had admitted and who is now opening up a lawsuit against Mrs Breedt for criminal injuria. I came in to see RN A XXXX and verbalized that the patient was not difficult at all.
In beginning of 2012 while on duty I was contacted to go and see MXXXXXXX in her office. While in her office, she showed me the patient's file and said that I should take it to the ward and write a progress report on the admission of the patient as well as theater preparation, as mine was the only signature in the file where I had recorded the vital signs done by me. Later that same day RN XXXXX came and made me sit in the ward kitchen and verbalized that Mrs XXXXX ordered that I write a progress report for the day in question in real time, dated to the day the patient ( XXXX XXXXXXX ) was admitted. She also verbalized that Netcare lawyer was waiting for my progress report, before she can report back to the patient. I verbalized that I did not want to do it, not feeling comfortable, it's nearly one year ago. However I did it under protest due to the fact that the order came from Mrs XXXXXX . I only wrote what I had done on that day as I could not account for all the other things that was done by other people.(Insertion of the drip and catheter) This was also almost a year following the incident in question.
Two weeks later while working night duty in the antenatal ward, on my way to our car in the parking lot of the hospital, I was verbally attacked by Mrs Breedt, because according to her I have been summoned to testify on the patient's behalf. I informed her that this was not the case as I have not received any such summons. She then very loudly and unprofesionally with agression proceede pointing her finger to my face, to tell me that I am on thin ice in front of all the people in the parking lot including my husband. From there I proceeded to find the whereabouts of the patient ( who was a lawyer ) to sort out this problem. She gladly allowed me to come and see her and reassured me that no such summons existed.
Two weeks later while at work (08h00) the HR Manager ( XXX ) summoned me to Mrs XXXXX's office where they gave me a warning to sign that will be valid for a year as they said that I had shared confidential netcare information outside of netcare as the patient mentioned my name( as per your records in my personel file ), or I would have a diciplinary hearing. I verbalized that before signing anything I wanted to talk to my union first. I then contacted XXXX XXXXXafter which she emailed all the documentation regarding her case to me to prove that Mrs XXXXXX is not truthfull.
The next morning I went to head office with my complaint and a victimization and fraught case was opened at your advise on Mrs X XXXXXX

After many meetings it seemed the matter would be resolved, as Dr XXXX XXXX at Reginal Office and XXXX XXXX confirm that it was not fraught although the time factor was not right and close the fraught case. Nothing was mention to resolve the victimization . The HR and MrsXXXXX continue to gave me a 6 months written warning where they changed their case



8.In the beginning of 2012 while working day duty in antenatal ward RN N XXXXwho was allocated for night duty, took ward stock and used it to inject her sister in the sluice room. When this was reported to RN R XXXX she verbalized that we are short of staff and that she needs the RN in question. Nothing was done. The sister is agency staff
In the same period while doing rounds with Dr XXXXa it was found that a diabetic patient was given excess doses of Novorapid by ENA E Grobler, two consecutive days. The matter was reported to RN R Spamer I did not write any reports as following the case of XXXX XXX, RN R XXXXr told me to report to her but not write any reports as this will only further damage my name at the hospital.She took the patients hospital number and promise to draw the file and follow it up. The sister RN Mabase thats allocated with ENA Grobler still continue their duties and the sister still working overtime in the hospital.
.

Also during this time ENA E Grobler and RN XXXXX inject themselves in the toilet. According to them it was vitamins. This occurred on the day that we received a patient from labour ward the previous night who was to get a yellow drip, and was sent to antenatal with all the necessary medication from labour ward. . Later when the drip was to be replenished the vitamins was missing, and new medication had to ordered. RN Mary ( an angency RN from lauduim ) who was working night duty was witness to the events as they occurred during hand over, and along with me reported the incident to RN R Spamer. Nothing was done. RN R XXXX confirm to me a few days later that without mention anything to ENA E Grobler she mentioned to them that she inject herself to be able to work extended hours in antenatal and labour rooms.This can be checked as it exeed the overtime hours allowed.RN R XXXX said she allow this hours as she need people in labour ward.

During this period Celestone soluspan started disappearing from the antenatal ward. It was noted that according to RN R XXXX the drugs dissapeared on the same shift every time, and that we should keep an eye on it and report anything abnormal. No one was aprehended.A system was put up, and seems that the Celestone problem was solved and controlled. It was also reported that RN N XXXX did not give the antibiotics as prescribed. Instead of giving it 8 hourly, she gave the 22h00 dose with the 06h00 dose, and charted that it was given as prescribed in the patient's file. Still nothing was done. This was proof and showed to RN R Kruger and RN R Spamer on several occasions. RN R Spamer also said that it it a big problem with RN XXXXX as she did not record medication on the scrips and she cannot let her continue word for us. But she continue work the 7 nights off seven nights on. She study at night and the ENA has to run the ward. She left early, came late as well.

I never received my medical aid card and as I query that with medical aid they confirm that
the card was posted 2X to the hospital for my attention in Antenatal ward but was send back and marked as unknown.

9. While on night duty in the labour ward in July I was informed that we had to write a test on a certain morning to determine if we qualify to further our studies in Netcare. It happened that the test was on a morning following a night duty. Two nights before the test ENA R XXXXX verbalized that she is not going to come on duty the following night so that she may be rested for the test. When I reported this to RN R xXXX in the presence of RN NC XXX, and asked if i can also stay home to be fresh, she verbalized that the nurse will not be allowed to study if that is her attitude as it shows her dedication to her work. If we not at work it will be a definitely NO to go to college. ENA R XXXXX did not arrived at work that night.

On the test day, after the test was completed I was called into Mrs Jones's office where she proceeded to tell me that according to her husband, who is a lawyer, I have committed fraud and that seeing as how Nadine Lombard is continuing with the case I will be contacted by the XXXX Advocate. ( this is interesting as throughout this time I have been warned that I am not even allowed to discuss this with my husband, yet that policy does not seem to apply to management - are they not XXXXXX employees? ) and after mentioned the matter to headoffice according to them it was not fraught. Mrs XXXX XXXXX husband is also discussing certain patients with his colleagues, yet the policy does not seem to apply to Mrs Joey Breedt..



10. I was very ill from the 19/07/2012 to 22/07/2012. I faxed the Sick note to the hospital. When RN NC XXXX and RN A XXXX started asking as to my whereabouts, she verbalized that she did not know. I also sent RN R XXXX a message on What's App (and have the proof that not only was it sent, but it was also read ). When the RN's in question became more worried she told them that she had spoken to my brother-in-law and that according to him I was not at work, because I did not have money for petrol and according to RN XXXX this is a common problem where I am concerned. She then proceeded to say that she had made contact with him again. It is only after they found my faxed sick note that they knew I was Ill on monday morning.My TSH counting was 26 and i was diagnosed with Hasemoto. When I returned to work I filled in my sick leave. About two week later I was told that I had to sign a warning as emailed to RN XXXX from HR XXXX because they did not accept my sick note. I then noted that she had taken my annual leave without my permission. The victimization did not stop!

I applied for a loan that was granted by the financial institution but the loan payout were delayed due to HR that could not approved my confirmation of employment for more than a week. I did confirm with reception day after day as I knocked off duty to confirm HR tel number and XXX XXXXXX is not working at all after conformation today Monday from HR office.

11. In the latest incident. On the morning of 11/09/2012 I left the ward accompanied by RN NC XXXX and RN A XXXX (We clocked out and our bags were searched together, with a bag of sugar was found in my bag. , I went to the car and called my husband who escorts me to the office of Mrs XXXX accompanied by security personnel.and my husband told the security that my daughter phoned us the previous night as she notified her sugar is finish and when we drop her daughter on the way to drop me at work,if we can please help her out with sugar .Unfortunately my son phoned and told us that his scooter exhaust broke off and if we can pig him up on the road. To be in time for work for me it causes that we then did not stopped at my daughters place as my husband can drop the child later. They said we can left but we insist to go to Mrs Breedts office together with them. While then wrote Mrs XXXX an letter as we where told that she first attend the funeral of Sr Heston, the security then called us to Mrs Breedt office. Jones Said I am free to leave and they will investigate this matter further. When I came on duty that night I had to find out that according to the people in the hospital I apparently was caught at the clock machine with Hospital and sugar. What happened to innocent until proven guilty!!!!!!!! Sr XXXX on level 4 asked me what happened at the security and i told her that people accused me from steeling sugar.


I am going to pass my lie detector test, which I am freely taking at my request.
And I want to thank my Unit manager for reminding me that she would not blame for taking sugar as I am so dirt poor according to her., and also thank her for spread the roomer to all the staff members in labour ward that i stole sugar, without find guilty or discussed the matter with me. Their attitude towards me the next night was shocking.

I did order staff meal on the provided list with my meal voucher recorder the meal voucher number on Friday night, but did not received any food. When asked the night sup she told me that if i can provide her with another voucher i may have patients food as there were no food for me. I confirm with the day staff if they received their food and they confirmed yes. The victimization continue.
The above mentioned incidents are documented here as I am made out to be a trouble maker for doing what is expected of me as well as going the extra mile for Netcare, and it is for this reason that I am victimized to the point where it affects my health as well as psychological well being. This can be confirmed by my Dr where i do a cholesterol and hart decease study. And despite lodging a formal complaint with Netcare head office this has snowballed to the point where false accusations and statements may very well now cost me my job. This is criminal and should be resolved immediately. I am good enough to work 12 nights in succession, 3 off, 2 on, 1 off, 8 on.because the battle to get staff But i am not good enough to be treated like a human being. This is going to end now.

I chose on the survey that we just completed that I act on situations as if Netcare is my own business and will continue to report incidents that can harm the patients or Netcare,

Because I found in the past, that incidents that I reported were not followed up or given the necessarily attention. I am sending this notice to all parties that need to know and/or act in this regard.

EURIKA XXXXX
TEL XXX XXX XXXXX

 

 

Expert:  Barend B. replied 2 years ago.
Good afternoon,

First thing you need to do, because I don't think you will be able to afford a Labour Court action (very few people do), apply to Legal Aid Board for assistance. You need an attorney who will firstly apply for an interdict to stop the victimisation, secondly a mandamus (instruction) that Management gives attention to your grievance, and thirdly claim compensation.

I sincerely XXXXX XXXXX what you described is not happening at all Netcare hospitals. It's simply shocking.

Regards,
BB
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience: BLC LLB (Pret) LLM (Augsburg)
Barend B. and other South Africa Law Specialists are ready to help you
Customer: replied 2 years ago.

hi i went ti legal aid my salary to high. i report matter to nursing council. my work want to send me tuesday for dissiplinary hearing. ccma 6 mongth waiting perriod but i will lay charge after hearing. were else can i get help to open official victimisation case and unfair dismissed

Expert:  Barend B. replied 2 years ago.
Good morning,

You could also try Lawyers for Human Rights and the Law Clinics at Universities. You can even go back to Legal Aid Board and speak directly to Head office, because in certain instances they have a discretion. I mean many high profile defendants switched to legal Aid once they could no longer afford their advocates. Have you considered taking your case to the Health Professions Council of South Africa? Because many of the cases you refer to come down to malpractice.

Regards,
BB
Customer: replied 2 years ago.

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