A case Report on the Estimation of Contractual Damage Caused by a Health and Rural University, South Africa

Authors

  • BL Meel

DOI:

https://doi.org/10.37506/ijfmt.v16i1.17722

Keywords:

contractual damage, disciplinary enquiries, financial losses

Abstract

Background: Contractual claims are mandatory for an employee who has either resigned/died or
finished his or her contractual obligations. It is legally binding to an institution according to labor law.
Case History: BM was such a victim who has been admired nationally and internationally but
dehumanized in his own university through the process of three malicious disciplinary enquiries, two
suspensions, forensic auditing, and stoppage of salary and birthday bonus. He was not allowed to go to
the forensic pathology laboratory despite of the fact that he was all along a forensic pathologist.
The harassment of BM became more rigorous in 2008, although he was victim long before that. The
head of faculty was promoted later to a position of a university head. BM had an interest in research
so he was publishing prolifically, but that disturbed the balance of the faculty staff as the rest of them
contributed very little as per the report of the external assessor.1
The harassment was not limited only
to mental harassment but also at the same time financial losses to Mr. BM occurred. The Occupational
Specific Dispensation (OSD) scale is supposed to be given to every health professional in South Africa
who is working in the public sector and registered in Health Professions Council. The OSD scale started
in 2009 but was not implemented for Mr. BM. Instead, Mr. BM, underwent a series of disciplinary
enquiries. He was cleared all the charges and retired in 2018. The history of his research, contractual
damages and other collateral losses are discussed in this report.
Conclusion: There is heavy contractual damage which the Department of health and rural university
has to pay from 1996 to 2018. This damage refers mainly to the short fall of salary and bonuses along
with financial losses related to research.

Author Biography

BL Meel

Professor MBBS, MD, DHSM (Natal), DOH (Wits), M.Phil. HIV/AIDS Management (Stellenbosch). Research
Associate, Faculty of Health Sciences, Nelson Mandela University, Port Elizabeth 6031 South Africa

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Published

2021-11-29

How to Cite

BL Meel. (2021). A case Report on the Estimation of Contractual Damage Caused by a Health and Rural University, South Africa. Indian Journal of Forensic Medicine & Toxicology, 16(1), 1547–1553. https://doi.org/10.37506/ijfmt.v16i1.17722