There may be a legal glimmer of hope for doctors dismissed for taking part in an unprotected strike, a labour specialist said on Thursday.

"The Labour Court has previously held that the unjustified conduct of an employer prior to the strike is a valid consideration to take into account when determining the fairness of such a dismissal.

"Where employers provoke their employees into striking, the court will be more sympathetic to those employees striking illegally than it otherwise may have been," said Johan Botes, director of Cliffe Dekker Hofmeyr's employment law practice.

He said the department might have to explain why it had not implemented the occupation specific dispensation as agreed in 2007 and if no "reasonable explanation" was forthcoming, they might be compelled to re-instate the dismissed doctors.

"... considering the facts faced by the medical professionals, it is not improbable that they may find a sympathetic judge wishing to administer his own medicine to an apparently obstinate employer," he said.

He added, however, that doctors' behaviour was "risky" and they should refrain from resorting to illegal industrial action irrespective of the legitimacy of their concerns, especially in the case of essential service workers.

Botes' comments came as calls increased for the dismissed doctors to be reinstated.

The Congress of SA Trade Unions (Cosatu) called for the reinstatement of those dismissed after many provincial health departments were granted court interdicts compelling workers to return to work. Those who failed to comply with the order faced disciplinary action or dismissal.

Medical sector unions were taking government's revised pay offer back to their members for endorsement.

Health department spokesman Fidel Hadebe said the government had not yet received an indication of whether the offer was palatable to union members, but added labour had 14 days in which to make a decision.

Cosatu said the main stumbling block to settling the matter was the dismissal of doctors.

"... we appeal to the minister of health and provincial MECs for health to reverse the dismissals, so that we have only one issue on the table -the draft agreement on OSD salary increases, and not the dismissals," the union federation said in a statement.

Democratic Alliance shadow health minister Mike Waters said government was playing a "dangerous game" and urged it to reinstate those dismissed and refrain from any further dismissals.

"If the government does not stop dismissing doctors, the strike is not only set to continue, but will gain momentum as doctors down scalpels in solidarity with their colleagues," Waters said.

Hadebe said the dismissal letters issued to doctors stated they should provide a reason why they embarked on the illegal action.

He said government would look at the reasons provided by doctors and decide whether their dismissals stood or not.

On Thursday morning, government called on doctors to return to work immediately, saying the action was doing "considerable harm" to the sector.

"The labour dispute is doing considerable harm, adding more strain to an already strained public health sector, and in the process depriving ordinary South Africans access to desperately needed health care," said government spokesperson Themba Maseko.

Meanwhile, KwaZulu-Natal doctors on Wednesday vowed to continue with the strike if government did not reinstate more than 200 fired doctors.

On Monday 244 doctors were served with dismissal letters by the KwaZulu-Natal health department. They were dismissed after they defied a Durban Labour Court interim interdict compelling health care professionals to return to their posts.

Sapa