A nurse from the MUCPP Community Health Centre in Bloemfontein has been awarded a full year’s salary after the Labour Court ruled that her dismissal over alleged HIV medication theft was unjust.
Nontuthuzelo Thokozile Taioe, who had been a nurse since 2008 and earned more than R28,500 a month, was dismissed in July 2021. The allegations dated back to June 2018, when she was accused of stealing 11 boxes containing 69 bottles of Odimune, each holding 28 ARV tablets. It was also alleged that the supposed theft disrupted the department’s efficiency and deprived patients of their medication.
However, when the case was examined by the Labour Court, it became clear that there was no concrete evidence to support the accusations. No stock records were produced, no shortages were reported, and no pharmacy manager testified to confirm that any medication was missing.
Despite this lack of proof, Taioe had initially been found guilty at a disciplinary inquiry.
The case began when police raided a property in Bloemfontein and forced open a locked room in one of two houses located on the same fenced plot. The ARVs were found inside that room. Taioe lived in the other house with her husband, and the medication was not discovered in her personal living spaces.
A major point of contention was whether she had control over the locked room. Police said no one had a key, and entry had to be forced. Taioe’s son claimed colleagues of his mother had delivered the boxes, but he did not testify nor provide a statement, and the family said he was mentally challenged. The arbitrator relied on this hearsay without securing his testimony.
Even though the medication was not found in Taioe’s home, the arbitrator still ruled that she was guilty of theft and unlawful possession. It was also argued that she lacked remorse and that her employment relationship had broken down beyond repair.
On review, the Labour Court rejected this reasoning. Acting Judge Lindiwe Gura found that there was no evidence showing the medication belonged to the government facility or that it had ever been taken from the hospital. No losses were recorded, which meant the allegation of theft had no factual basis.
Judge Gura ruled that Taioe’s dismissal was unjust and ordered the health department to compensate her with 12 months’ salary, amounting to R342,000.