A Free State nurse who was dismissed in 2021 for allegedly stealing anti-HIV medication from the MUCPP Community Health Centre in Bloemfontein has been awarded a year’s salary after a judge found her dismissal to be unjust, reports The Star.
Nontuthuzelo Thokozile Taioe, who had been nursing since September 2008, was earning R28 500 a month when she was fired in July 2021 after allegations in June 2018 that she had stolen 11 boxes containing 69 bottles of the ARV drug Odimune, each containing 28 tablets.
A second charge was that because of the theft accusations, she had prejudiced the efficiency and administration of the department and deprived patients who were entitled to the medication.
However, Cape Town’s Labour Court said there was a lack of direct evidence – with no stock lists having been produced, no reports of shortages ever being filed, and crucially, no testimony from a pharmacy manager confirming any medication had disappeared.
Yet despite the lack of direct evidence, the disciplinary inquiry had found her guilty and dismissed her.
Flimsy
In June 2018, police had raided a property in Bloemfontein and forced entry into a locked room inside house number 21 942. Inside the room, they discovered boxes of ARV drugs. The property has two houses, number 21 942 where the medicine was found, and number 21 959 where Taioe lived with her husband.
The houses were separated by 20m-30m with different entrances from separate streets, but both shared a fenced perimeter, including a garage and a storeroom.
The evidence confirmed the medication was not found in Taioe’s living quarters, kitchen, or bedroom.
A central dispute was whether Taioe had control over the room where the medicine was found. Police testified that when they arrived, no one had a key, and they had to force entry.
Taioe’s son told police he didn’t have the key, but said the boxes were delivered by his mother’s colleagues. However, he did not provide testimony during the hearing, nor was an affidavit presented as evidence.
The family asserted that he was mentally challenged. The arbitrator neglected to subpoena the son and accepted hearsay evidence.
The arbitrator acknowledged that the medication was located at her son’s residence and not at hers. Nevertheless, the arbitration process subsequently determined her culpability for theft and unlawful possession, primarily based on the discovery of the medication on property associated with her.
The arbitrator further contended that unlawful possession could support a finding of theft, even though the pills were not found in Taioe’s room or under her control. In addition, it was said Taioe showed no remorse, and the deterioration of the relationship warranted the dismissal.
During an appeal at the Labour Court, Acting Judge Lindiwe Gura dismissed the arbitrator’s rationale, stating that there was no specific marking that identified the medication as belonging to the hospital and no one else.
Furthermore, there was no evidence showing the medication was taken from the government facility. Moreover, no losses were reported at the hospital, which implies that no theft occurred.
Gura concluded that Taioe’s dismissal was unjust and ordered the hospital to compensate her with 12 months’ salary.
See more from MedicalBrief archives:
Free State worst performer in ARV dispensing, survey finds
Urgent action needed to reduce ARV clinic stockouts – Treatment Action Campaign