The doctor had been abusive towards nurses and had been grossly negligent in how he attended to a pregnant patient in November 2009.
The Labour Appeal Court agreed that the dismissal of Dr Grzegorc Ludwick Pietz was substantively fair.
However‚ it said the dismissal was procedurally unfair because pre-dismissal processes were not followed.
Pietz was dismissed on December 1‚ 2009 following an incident at the South Rand district hospital during which a child was stillborn.
On 25 November 2009 at 11.05pm‚ the late Philile Hlatshwayo‚ 41, and about 27 weeks pregnant‚ was admitted to the admissions ward by a professional nurse.
The nurse discovered that the unborn child was descending with its buttocks (in breech presentation) with a protruding umbilical cord.
A decision was made to call Dr Pietz‚ the doctor on call during that night‚ to inform him of the prolapsed cord. Only a doctor is permitted to deliver a baby in these instances.
