Image created by AI
The prominent South African pharmacy Dis-Chem has received scathing criticism following its decision to terminate the employment of Refilwe Matinketsa, who after cancer surgery, was deemed medically unfit to perform her role. This decision has sparked wider concerns about the treatment of workers facing medical incapacities across South Africa.
Refilwe Matinketsa's journey with Dis-Chem began on March 1, 2019, as a picker at their distribution center. Following a bowel cancer diagnosis in 2022, and resultant surgery which left her with a stoma bag, Matinketsa could no longer carry out her heavy-lifting duties. Despite her return to work in November 2023 and an agreed re-training as a picker, Matinketsa reported experiencing considerable restrictions due to her medical condition.
Dis-Chem's response, according to the CCMA, was to temporarily place her in a checker position, a role that offered limited work hours and was not sustainable long-term. Eventually, Dis-Chem cited redundancy as the reason for Matinketsa's dismissal in March 2024, relating it to her sustained medical incapacity.
The CCMA hearing presided over by Commissioner Johan Stapelberg on July 4, 2024, ruled that Dis-Chem’s actions were both procedurally and substantively fair. However, this ruling has not gone unchallenged. The Casual Workers’ Advice Office (CWAO) has expressed its strong condemnation of the ruling and of Dis-Chem's actions, pointing out that such cases are not uncommon in South Africa and can have dire implications for manual laborers suffering from health-related incapacities.
CWAO argues that Dis-Chem, and other corporations like it, should provide alternative roles for employees who can no longer fulfill their original duties due to illness or injury. The dismissal of such workers is seen as discriminatory and an infringement on constitutional rights by the CWAO, which has called for comprehensive policies that favor the repositioning of these workers rather than termination.
In retort to the CWAO's accusations, Dis-Chem has defended its approach, stating that it adhered to all necessary protocols and that the CCMA has validated their dismissal of Matinketsa as procedurally and substantively just.
The controversy illuminates the broader issue of how incapacitated workers are treated and the corporate responsibilities to accommodate their workforce's changing health circumstances. It poses a significant question of ethical employment practices and the balance between business operations and employee welfare in South Africa.