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The award addresses whether the applicant’s dismissal was procedurally and substantively fair concerning alleged medical incapacity, including claims that no hearing was held and that no alternative position was offered. The record summarizes the hearing arrangements, representation, interpretation, evidence process, and testimony regarding the applicant’s medical condition and inability to perform DC Picker duties.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/refilwe-matinketsa-vs-dis-chem-pharmacies-limited-ccma-arbitration-award-16-july-2024-details-of-hearing-and-representation/502480/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/refilwe-matinketsa-vs-dis-chem-pharmacies-limited-ccma-arbitration-award-16-july-2024-details-of-hearing-and-representation/502480.png","ImageObject",300,407,{"name":92,"@type":93},"Genevieve","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-09","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":52},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What issue(s) were in dispute in this CCMA arbitration award?","Question",{"text":112,"@type":113},"The dispute concerned whether the applicant’s dismissal was procedurally and substantively fair due to alleged medical incapacity, including claims that no hearing occurred and no alternative position was offered.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How was the hearing process conducted and what was noted about representation and interpretation?",{"text":117,"@type":113},"The matter was arbitrated at the CCMA’s Tshwane offices, with parties represented as stated on the award’s cover page. D. Mashala assisted with interpretation in Sepedi where required.",{"name":119,"@type":110,"acceptedAnswer":120},"What did the respondent’s witness say about the applicant’s work and medical condition?",{"text":121,"@type":113},"The witness testified that the applicant worked from 01 March 2019 as a DC Checker and later a DC Picker. Medical issues began in 2022, leading to cancer-related remission updates, temporary accommodation, and ultimately an incapacity process due to inability to perform DC Picker 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between:  \nRefilwe Matinketsa  \n(Applicanf)  \nAnd  \nDis-Chem Pharmacies Limited(Respondent)  \nFPRVED  \n# DETAILS OF HEARING AND REPRESENTATION\n\n[1]  This matter was arbitrated on 04July 2024 at the CCMA's Tshwane offices.  \n[2]The parties were represented as detailed in the cover-page of this award  \n[3]D.Mashala assisted with interpretation in Sepedi where required.  \n[4]A comprehensive outline of the process was given to the parties,including,but not limited to:howevidence is to be presented and how versions are weighed up;the standard of proving a case on a balance ofprobabilities;the onus on the parties in terms of s.192,as well as the importance of challenging anincompatible version through cross-examination and the consequences of not doing so.I also informed theparties that I may,where deemed necessary,adopt a somewhat inquisitorial approach to the process,giventhat neither party was represented by someone from the legal profession.  \n[5]  The proceedings were recorded digitally,and afterwards uploaded to the CCMA's database.I also tookcomputer notes,which have been summarised in the body of this award  \n# ISSUE(S)IN DISPUTE\n\n[6]Whether the applicant's dismissal was procedurally and substantively fair for alleged medical incapacityIn particular the applicant has claimed that the dismissal was unfair because she alleged that no hearing washeld and that no alternative position was offered to her.  \nr)  ).  \n# Issues that are Common Cause\n\n[7]The applicant started with the respondent on 01 March 2019 and worked as a DC Picker until herdismissal of 26 April 2024  \n# Documentary and Other Evidence\n\n[8]Both submitted bundles of documents at arbitration.The parties did not challenge the authenticity orcontent of documents.Parties were reminded to deal with relevance of documents through witness evidence.  \n# BACKGROUND TO THE ISSUE\n\n[9]The applicant was dismissed after a meeting was held regarding her alleged medical incapacity.Sheinsists that a hearing should have been held and claims that her dismissal was unfair because no alternativewas offered.  \n# PRELIMINARY ISSUES\n\n[10]None.  \n# SURVEY OF EVIDENCE AND ARGUMENT\n\n[11]The Respondent called one witness:Pule Moeketsi(Mr Moeketsi /Pule),an ER Manager for the 14months.The applicant,Refilwe Given Matinketsa,testified in her own case and did not call any witnesses  \n[12]Mr Moeketsi testified that the applicant was employed from 01 March 2019.Initially as DC Checker andlater became a DC Picker due to company's operational requirements.  \n[13]In 2022 the applicant started having medical issues,she was often absent due to ilness.It was learnedthat she had cancer.She was placed on temporary disability to assist her.Around October 2023 he startedliaising with her next of kin (her sister)and herself,having learned that she was in remission from cancer andwas ready to return to work.  \n[14]On 23 November 2023 they had a formal siting with the applicant and discussed her official return towork.She confirmed that she is well and ready to retum to work.The agreed date of return was to be 01December 2023.It was agreed she would be retrained as Picker and the Standard Operating Procedure inorder to re-induct her into the business.She came on 01 December 2023,and from there she could not finishher fll shift as she could not do the work.She said that she cannot pick due to the heavy lifting.Her conditionhad caused her to have a stoma and so she cannot bend down or stretch -she could no longer physically dothe work.The respondent temporarily accommodated her in a position as a Checker.The Checker position isredundant Theycome na pm and by10 or1m tere ysnothingtod,sotwasnt fesbe.here wasoriginal position.They even went to the extent to issue her with a General Practitioner document,so that ageenehomDoctor could give them direction on the way forward.  \n","cbCais8IVmugntGt","https://ap.wps.com/l/cbCais8IVmugntGt","pdf",381342,"English","# DETAILS OF HEARING AND REPRESENTATION\n# ISSUE(S)IN DISPUTE\n## Issues that are Common Cause\n# Documentary and Other Evidence\n# BACKGROUND TO THE ISSUE\n# PRELIMINARY ISSUES\n# SURVEY OF EVIDENCE AND ARGUMENT","[{\"question\":\"What issue(s) were in dispute in this CCMA arbitration award?\",\"answer\":\"The dispute concerned whether the applicant’s dismissal was procedurally and substantively fair due to alleged medical incapacity, including claims that no hearing occurred and no alternative position was offered.\"},{\"question\":\"How was the hearing process conducted and what was noted about representation and interpretation?\",\"answer\":\"The matter was arbitrated at the CCMA’s Tshwane offices, with parties represented as stated on the award’s cover page. D. Mashala assisted with interpretation in Sepedi where required.\"},{\"question\":\"What did the respondent’s witness say about the applicant’s work and medical condition?\",\"answer\":\"The witness testified that the applicant worked from 01 March 2019 as a DC Checker and later a DC Picker. Medical issues began in 2022, leading to cancer-related remission updates, temporary accommodation, and ultimately an incapacity process due to inability to perform DC Picker duties.\"}]","Refilwe Matinketsa vs Dis-Chem Pharmacies Limited - CCMA Arbitration Award - 16 July 2024 - Details of Hearing and Representation | PDF",1791034897,18]