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BL Premium reports that the Casual Workers Advice Office has condemned a decision of the Commission for Conciliation, Mediation and Arbitration (CCMA) that deemed it fair for Dis-Chem to dismiss an employee who, due to cancer treatment, could no longer handle the physical demands of lifting heavy bags.
This after the employee, Refilwe Matinketsa, who had been employed as a picker since March 2019, was dismissed in April 2024 because of her medical inability to fulfil the job requirements. Matinketsa’s condition requires her to have a stoma, which involves using a small bag to collect bodily waste. This means she can no longer physically lift items. In 2022, Matinketsa faced cancer-related health issues, leading to frequent absences and temporary disability. When it was found she was in remission and ready to return, she was retained as a picker. In December due to her challenges, Dis-Chem moved Matinketsa to a packer role. But, 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, that was not feasible due to restructuring. Dis-Chem then argued it had explored all alternatives to dismissal. CCMA commissioner Johan Stapelberg noted that 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, he deemed the dismissal as reasonable.
- Read the full original of the report in the above regard by Noxolo Majavu & Tauriq Moosa at BusinessLive (subscriber access only)
- Read too, CCMA sides with Dis-Chem following staffer’s dismissal over medical incapacity, at IOL News
Get other news reports at the SA Labour News home page