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The Casual Workers Advice Office has slammed pharmaceutical giant, Dis-Chem, after they terminated the contract of a woman with a medical condition.
Refilwe Matinketsa has to live with a stoma bag, a bag placed outside the body to remove body waste, after she underwent surgery for bowel cancer. She has since been in remission. They are demanding Matinketsa be re-instated.
However, the Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled in Dis-Chem’s favour.
In March 2019, Matinketsa started working at Dis-chem. Three years later, she started suffering with medical issues and was diagnosed with cancer. She was then placed on temporary disability, and in October 2023, went into remission.
In November of the same year, Matinketsa had a meeting with Dis-Chem indicating that she would return to work on December 1, 2023.
According to the CCMA Arbitration Award documents, Matinketsa would be retained as a picker in order to re-induct her into the business.
However, when she returned on December 1, she could not work her full shift as she could not do the work.
The documents stated that Matinketsa said that she cannot pick due to the heavy lifting required. Her condition had caused her to have a stoma and so she could not bend or stretch – she could no longer physical do the work.
She was then moved to the position as a checker, however, this position was redundant, and in order to accommodate her as there was no position, it was hoped that her condition would improve so she could resume her original position. The employer further issued her with a general practitioner document so a doctor could give them direction moving forward.
The document states that a specialist said Matinketsa can perform light duty, which was why she was accommodated temporarily as a checker.
In March this year, a meeting was held in which the matter was dealt with and the investigation noted Matinketsa as being unable to perform her duties as a Dis-Chem picker.
Matinketsa, in her statement, confirmed that she failed to perform her work as a picker as she was not feeling well and asked to do checking as a packer. She then mentioned that her stoma was too painful and large and she could not pick.
The documents state that a doctor confirmed that Matinketsa is incapacitated in respect of her regular occupation.
The document stated that based on what was presented to the employer, Dis-Chem dismissed her for medical incapacity. Furthermore, Matinketsa’s absenteeism from work was not the issue, but her inability to the work she was employed to do and her medical condition persisted.
Matinketsa was adamant that she wanted to remain a checker, even though the position does not exist.
She was issued with a notice of termination. Her representative asked if she could be accommodated as a cashier and the employer stated that this was not viable due to restructuring.
CCMA Commissioner for Retail, Johan Stapelberg stated that Matinketsa was unable to perform light duties.
“The applicant’s suggestion that she should further be accommodated until August 24 and that she is now fit to work again was neither suggested before her dismissal, nor corroborated by any medical report and I do not accept it as true.
“The respondent did accommodate her for a lengthy period of time but with no alternative positions in a shrinking workforce, when the prognosis indicated that the inability to do her usual duties would be permanent, the respondent had no alternative but to dismiss the applicant,” he said.
Stapelberg ruled that Matinketsa’s dismissal was procedurally and substantively fair.
source:CCMA sides with Dis-Chem following staffer’s dismissal over medical incapacity (iol.co.za)
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