The Commission for Conciliation, Mediation, and Arbitration (CCMA) has ruled in favour of pharmaceutical company Dis-Chem following the dismissal of an employee due to medical incapacity. The Casual Workers Advice Office has criticized the company for terminating the employment of Refilwe Matinketsa, who has a medical condition requiring her to live with a stoma bag following surgery for bowel cancer. Despite being in remission, Matinketsa’s advocates are calling for her reinstatement.

Matinketsa joined Dis-Chem in March 2019. Three years into her employment, she was diagnosed with cancer and placed on temporary disability. By October 2023, she had entered remission and planned to return to work on 1 December 2023.

According to the CCMA Arbitration Award documents, Dis-Chem had agreed to reintegrate Matinketsa into the workplace by assigning her as a picker. However, upon her return, she found herself unable to perform her duties due to the physical demands of the role, which involved heavy lifting—tasks that were not compatible with her medical condition.

Dis-Chem attempted to accommodate Matinketsa by reassigning her to a checker position. However, this role was redundant, and there was no other suitable position available within the company. A specialist had indicated that Matinketsa could perform light duties, leading to her temporary placement as a checker. Nonetheless, a subsequent investigation in March 2024 confirmed that Matinketsa was still unable to fulfill her duties as a picker due to ongoing health issues.

The documents reveal that Matinketsa herself acknowledged her inability to carry out the physical tasks required by her job, citing pain and discomfort from her stoma. A medical report confirmed her incapacity to continue in her regular occupation.

Ultimately, Dis-Chem dismissed Matinketsa for medical incapacity, citing her inability to perform her duties rather than absenteeism as the primary issue. Despite her requests to remain in a checker role or be reassigned as a cashier, Dis-Chem stated that these options were not viable due to internal restructuring.

CCMA Commissioner Johan Stapelberg concluded that Dis-Chem had exhausted reasonable accommodations and that Matinketsa’s dismissal was both procedurally and substantively fair. He noted that while the company had made efforts to retain her, the lack of alternative positions in a shrinking workforce and the prognosis of her condition left Dis-Chem with no choice but to terminate her employment.