CWAO IN THE NEWS
Fair to fire cancer victim
14/08/2024
Publication: Business Day
Author: Noxolo Majavu and Tauriq Moosa
The Casual Workers Advice Office has condemned the CCMA finding that it was fair for Dis-Chem to dismiss an employee who, due to cancer treatment, could no longer lift heavy bags.
Refilwe Matinketsa, employed as a picker since March 2019, was dismissed in April 2024 after a meeting about her medical inability to fulfil the job requirements.
Matinketsa’s condition required her to have a stoma, which involves using a small bag to collect bodily waste. This meant she could no longer physically lift items.
“This pharmacy giant has 319 stores in SA, Namibia and Botswana, 466 in-store clinics, and total assets amounting to R10.7bn. Dis-Chem is nearly 50 years old and claims to be SA’s first choice in pharmacies; yet it has refused to find a permanent light-duty job for its female cancer survivor employee, even after years of loyal service from her,” the advice office said in a statement.
In 2022, Matinketsa faced cancer-related health issues, leading to frequent absences and temporary disability. When her line manager, Pule Moeketsi, reviewed her condition, he found she was in remission and ready to return. It was confirmed she would be kept as a picker.
In December, Matinketsa could not complete her shift due to her stoma bag, which made heavy lifting challenging. DisChem moved her to a packer role, but it became redundant as it involved working from 6pm to 10pm with no tasks during the later hours.
THE EVIDENCE IS CLEAR … SHE COULD NOT PERFORM THE DUTIES OF A PICKER ANY LONGER
There were no other positions available, as they had hoped she would recover enough to return to her original job.
Dis-Chem was unable to keep Matinketsa on as a packer due to the company’s section 189 process, which made the role redundant. Though she was considered for a cashier role, it was not feasible due to restructuring.
Dis-Chem argued it had explored all alternatives, including the nature of her job.
CCMA commissioner Johan Stapelberg said: “The evidence is clear on both her own version and the doctor’s prognosis that she could not perform the duties of a picker any longer. She was only supposed to be temporarily accommodated as a packer with the idea that she could recover enough to return to her picking duties. She was not even able to perform her light duties and confirmed she was unable to meet the targets.”
Stapelberg said Dis-Chem had accommodated the employee for a long time, but due to a shrinking workforce and the prognosis that she could not permanently perform her duties, the dismissal was deemed reasonable.
In response to queries about the advice office’s claims, DisChem told Business Day that it “followed all protocols and procedures to accommodate” Matinketsa.