Nurse wins R342,000 in Labour Court battle after dismissal over HIV medication theft

A Free State nurse from the MUCPP Community Health Centre in Bloemfontein, has been awarded a year's salary following her dismissal over allegations of stealing HIV medication.

Nontuthuzelo Thokozile Taioe, who had dedicated her career to nursing since September 2008, was earning over R28,500 a month when she was dismissed in July 2021. Her firing stemmed from June 2018 allegations that she stole 11 boxes containing 69 bottles of Odimune and each bottle containing 28 ARV tablets.

The second charge was that because of the alleged theft, she prejudiced the efficiency and administration of the department and deprived patients who were entitled to the medication.

However, as the Labour Court in Cape Town reviewed the case, the lack of direct evidence became apparent. No stock lists had been produced, no reports of shortages were ever filed, and crucially, there was no testimony from a pharmacy manager confirming that any medication had gone missing.

Despite the lack of direct evidence, the disciplinary inquiry found her guilty and dismissed her.

The story began in June 2018 when police arrived at the property in Bloemfontein and forced entry into a locked room inside house number 21 942. Inside the room, there were boxes of ARV medication. 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 20 to 30 meters with different entrances from separate streets. They shared a fenced perimeter, along with other structures, including a garage and a storeroom. Taioe's husband's vehicle was parked at 21 942 on the day of the inspection in loco, but the evidence confirmed that 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. Her husband testified that she had locked the room, but Taioe said she had asked her son to store bags given by her gardener, Johannes, and did not know what was inside.

Meanwhile, the son informed the police that 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 located 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 indicating that the medication was taken from the government facility. Moreover, there were no losses reported at the hospital, which implies that no theft occurred.

Judge Gura concluded that Taioe's dismissal was unjust and ordered the hospital to compensate her with 12 months' salary.

sinenhlanhla.masilela@iol.co.za

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