Case of CTICC being sued by disabled worker for ‘unfair’ dismissal before the Labour Court
Cape Town - After three years of legal proceedings, the case of wheelchair-bound Makgosi Letimile has been heard in the Labour Court.
Letimile, 40, made headlines in 2021 when she accused the Cape Town International Convention Centre (CTICC) of unfairly dismissing her and announced that she was suing the company for R1.5 million.
Letimile became wheelchair-bound in 2016 after contracting TB meningitis, which affected her spine and reproductive organs.
After two years of job hunting, she was employed as a food and beverage administrator at the CTICC on August 6, 2019, as part of a targeted recruitment drive for people with disabilities initiated by the CTICC.
However, 20 months later, Letimile was involved in a retrenchment process, which led to her “unfair dismissal” in April 2021.
In court papers, Letimile stated that, despite being hired on the grounds of her disability, the CTICC failed to meet its recruitment promises. She added that her needs for sensitivity training, disability awareness, specialized equipment, and time for doctor visits were not addressed.
Letimile also claimed the company wrongly accused her of moonlighting (having a second job at night) after she became involved in advocacy for black women's health and disabled women's health.
After contracting TB, Letimile became incontinent, unable to control her bladder. She began using sex toys to manage this symptom and later wrote articles about how sex toys could help with disability-related incontinence.
In its response, the CTICC argued that it had not unfairly discriminated against Letimile and that the company fostered a workplace culture where employees worked collectively and assisted each other.
Court documents further stated that Letimile made extensive and continuous demands, to which the CTICC went beyond what was reasonable. The company also took all reasonable steps to accommodate Letimile’s requests and legal requirements.
Additionally, the CTICC defended its social media and moonlighting policy, claiming it never discouraged or obstructed Letimile from publishing opinion pieces.
However, Letimile’s lawyer, Tzvi Brivik from Malcom Lyons & Brivik incorporated, maintained that his client had been neglected, disregarded, and left disappointed by her former employer.
“We believe we’ve prepared a strong case, the law is clear, and based on the facts of her story, the law should assist her and provide compensation,” Brivik said.
“We are also hoping that the CTICC, as a designated employer, will comply with the laws of the land.
“Our client’s dismissal impacted her dignity, and she suffered psychological harm. She has now joined the ranks of the 99% of disabled people who are unemployed.
“That is why I believe we’re fighting for all disabled employees, so they can be accommodated and have their rights protected.”
During the court proceedings, which were held virtually, Letimile testified about how she contracted TB meningitis and became wheelchair-bound. She also shared her history of running a small coffee shop and being involved in various upliftment programs, including training barristers.
Letimile explained that she sought employment at the CTICC because she believed it would be a good employer, being a designated employer under the Employment Equity Act, which requires compliance with all relevant regulations.
She testified that she struggled when the CTICC did not accommodate her disabilities, including failing to provide adequate bathroom breaks, flexible working hours to accommodate transportation difficulties, or the necessary accommodation and training in her job.
The case was closed to the public and media due to the sensitive nature of some of Letimile’s testimony.
Brivik noted that the case would likely continue in February, when they expect to complete Letimile’s evidence.
In response to media inquiries about the case, the CTICC stated, "The matter is currently pending before the Labour Court, and the CTICC respects the judicial process."
tracy-lynn.ruiters@inl.co.za