CCMA receives backlash on supporting dismissal of Dis-Chem employee with cancer

The Casual Workers’ Advice Office (CWAO) has expressed its disapproval of the Commission for Conciliation, Mediation and Arbitration (CCMA)’s findings on the dismissal of a cancer survivor.

The former employee, Refilwe Matinketsa was dismissed at Dis-Chem due to what the pharmacy giant cited as medical incapacity.

Matinketsa was employed as a picker from 1 March 2019, until her dismissal on 26 April 2024.

She can do light-duty

The CCMA documents details that she was diagnosed with cancer in 2022 after she had often been absent from work. The employer then placed her under temporary disability to assist her.

Later in 2023, Matinketsa was in remission and ready to get back to work.

She commenced her duties as a picker on 1 December 2024, but could not finish her shift.

Matinketsa informed her employer that she could not pick up stock due to the heavy lifting, as her condition had caused her to have a stoma so she could not bend or stretch. There she can no longer do the position she was employed to do.

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Matinketsa confirmed, in a written statement, that she could not do her work, as the stoma bag was too painful and large. A medical specialist then informed Dis-Chem she should be placed on light duty.

She was then temporarily moved to being a checker.

Temporary position is redundant

“The position is redundant. They came in at 6 pm and by 10 pm or 11 pm there was nothing to do. It was not feasible,” read the document.

There was no such vacancy, she was placed as a checker with the hopes that she would recover fully to do her original job.

It was considered that she become a cashier in one of the Dis-Chem stores, however, after consultations with certain Human Resources Business Partners (HRBPs), they could not find space for her.

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Fair dismissal

Commissioner Johan Stapelberg found the dismissal fair.

“The evidence is clear that both on her own version and based on the doctor’s prognosis, she could not perform the duties of a picker any longer.”

The CWAO has since expressed their feelings about the outcome of the case.

“We condemn the part-time commissioner (a former HR manager), who mindlessly ruled for Dis-Chem because it had no alternative positions in a shrinking workforce,” reads the statement.

The worker’s organisation say Matinketsa’s case is not the only one of this nature in the country.

“Any manual worker involved in heavy lifting can expect to be summarily dismissed if they are diagnosed with cancer, or tear their shoulder or hip muscles while lifting at work, even if they have dedicated years of service to the company and still have decades left before retirement.”