KEY POINTS
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Dr. A Kleynhans, a Western Cape doctor, lost his Labour Court case after his dismissal for being intoxicated at work was upheld.
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The doctor had admitted to occasionally using cocaine but claimed his behavior was due to prescription medication for epilepsy and a mood disorder.
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The Labour Court ruled that Kleynhans posed an imminent threat to patient safety, affirming his dismissal and setting aside a previous arbitration ruling that had awarded him compensation.
A Western Cape Doctor Kleynhans who was accused of treating patients while under the influence of cocaine has lost his case in the Labour Court, which upheld his dismissal for misconduct.
Dr. A Kleynhans, who was dismissed after arriving at work on three separate occasions while intoxicated, claimed that his behavior was due to the medication he was taking for epilepsy and a mood disorder.
However, the Labour Court ruled that his dismissal was fair, despite his previous attempt to overturn the decision through arbitration.
Dr. Kleynhans, who had been employed at a health facility in Western Cape, faced serious allegations regarding his fitness to practice medicine.
According to The Citizen, in August 2019, it was reported that he had arrived at work on multiple occasions under the influence of substances, leading to concerns about his ability to safely treat patients. After a disciplinary hearing, Kleynhans pleaded guilty to the charges, but he attributed his behavior to prescription medication rather than illicit drug use.
The disciplinary hearing on Dr. Kleynhans
Initially, Dr. Kleynhans had been charged with two counts of misconduct. One of these charges, relating to a wrongfully inserted drip into a patient’s arm, was eventually withdrawn. However, the remaining charge, which involved performing medical duties while intoxicated, remained. At his disciplinary hearing, Kleynhans admitted to being under the influence of prescription medication, claiming that the drugs he was taking for his medical conditions caused confusion and drowsiness.
Despite his admission, evidence presented during the arbitration hearing suggested that Kleynhans was likely using cocaine. A nurse testified that on one occasion, she had to prevent Kleynhans from performing a lumbar puncture on the wrong patient. She also recounted incidents where Kleynhans confused patient prescriptions and showed signs of impaired judgment.
Witnesses further testified that they observed Kleynhans exhibiting physical signs of intoxication, including dilated pupils, slurred speech, and unsteady movements. A nursing manager at Uniondale Provincial Hospital noted that Kleynhans had a white substance around his mouth on two separate occasions.
When questioned about the substance, Kleynhans claimed it was simply peppermint, which he used to counteract the dry mouth caused by his medication. However, medical experts testified that the drugs he was prescribed would not cause such drowsiness or confusion when taken as directed.
One of the most contentious points of the case was Kleynhans’s refusal to take a drug test when asked. While he contended that there were no illegal substances in his system, he did not provide any medical documentation to support his claims of being under the influence of prescribed medication. Kleynhans also admitted to occasional cocaine use but denied using it while at work.
Despite these discrepancies, an arbitrator had initially ruled that Dr. Kleynhans’s dismissal was too severe, given his otherwise clean disciplinary record and the mitigating factors of his performance following a suspension. As a result, the arbitrator awarded him six months of compensation and reinstated him temporarily.
Following the arbitration decision, the Western Cape Department of Health filed a review application in the Labour Court. The case was heard in June 2024, with Judge Robert Lagrange ruling in favor of the department. The judge determined that Kleynhans’s conduct posed an “imminent threat” to patient safety and the integrity of the healthcare facility. In his judgment, Judge Lagrange emphasized that the risk posed by an intoxicated medical professional in an emergency setting could not be understated.
“It is untenable on the evidence of the high risks Kleynhans posed, that the arbitrator could have formed a view that Kleynhans’s conduct was less serious than that and that dismissal was an unfair sanction for the department to impose,” said Judge Lagrange.
The Labour Court dismissed Dr. Kleynhans’ claims that the dismissal was unfair due to a lack of a formal dismissal letter and upheld the department’s decision. The judge pointed out that Kleynhans had admitted to being under the influence of an intoxicating substance, although he claimed it was medication-related. The court also noted his refusal to take a blood test as an indication of the seriousness of his condition.
