FIRED NURSE WINS CCMA BATTLE

CIRCLE Health Care in Johannesburg is accused of being unprocedural and unfairly dismissing one of its nurses.

The employer has also defied a Commission for Conciliation, Mediation and Arbitration (CCMA) order.

Dikeledi Mokoena, 60, of Bromhof, was dismissed in February. But she said she did not commit any offence nor have disciplinary action taken against her.

The mother of three was employed by Circle Health Care in December last year.

She was paid a salary of R17 000, but was not given pay slips to check if her contributions to SARS, UIF and her pension fund were being made. Mokoena said she was advised by one of her colleagues to seek help from the CCMA over the pay slips.

Subsequently, she said, all nursing staff were called to a meeting by managing director William Osburn.

According to CCMA papers, Osburn allegedly said: “You nurses are stupid like your president, who cannot read.

“You think you can report me. I’m going to get rid of a rotten potato.”

She said Osburn later called her to his office and gave her a retrenchment letter and told her to pack her bags and leave the premises with immediate effect.

Her letter stated that her services were terminated due to operational reasons.

“You do not just call a staff meeting, insult people and then issue a retrenchment letter to one person you regard as a rotten potato,” said Mokoena.

She immediately reported her case to the CCMA.

The CCMA invited the employer to a hearing but they failed to pitch.

“I attended the hearing unopposed and the CCMA found that I was unfairly dismissed as the dismissal process based on operational requirements was not complied with,” Mokoena said.

They later ordered Circle Health Care to compensate her with R51 000, which was payable on May 10, but to date they have not done so.

Instead, they applied for a rescission of the ruling without success.

Osburn had told the commission that his father was sick, but there was no supporting documents according to the rescission ruling Consumer Line has seen.

The commissioner said the employer had not shown good cause to have the ward rescinded and wilfully absented himself from the previous hearing.

In other words, he is liable to pay Mokoena R51 000 for dismissing her unfairly.

Consumer Line contacted Osburn’s office, but instead his project manager responded.

Isabel Cruz said she personally invited Mokoena to their office so they could discuss the issue at hand and find a mutual solution, but she refused to do so.

“We would really like to put this matter to rest and her cooperation in this is fundamentally vital.”

Mokoena said there was nothing to discuss as there was an order from the CCMA.

Cruz later said due to financial problems they could not pay Mokoena the whole R51 000 in a lump sum so they wanted to arrange settlement terms with her.

The CCMA found that I was unfairly dismissed