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[2013] ZALCJHB 74
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Cuna v Interfruit (Pty) Ltd t/a In2Food (Pty) Ltd (J 1581/12) [2013] ZALCJHB 74 (4 May 2013)
3
REPUBLIC OF SOUTH
AFRICA
IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
JUDGMENT
CASE NO: J 1581/12
In the matter between:
ANGELINA CUNA
...........................................................................................
Applicant
and
INTERFRUIT (PTY) LTD
t/a IN2FOOD (PTY) LTD
.....................................
Respondent
Delivered: 4 May 2013
JUDGMENT
MOLAHLEHI J
This is an application
in terms of which the applicant seeks an order making the
arbitration award dated 18 July 2011, under case
number GAEK5136-11
made an order of Court.
The arbitration award is
consequent to the dispute in terms of which the applicant alleged
that she was unfairly dismissed by
the respondent. The applicant was
dismissed for an alleged misconduct that took place during the
strike action. The charges against
the applicant was that she had
shown "him her backside," and calling the respondent
names.
The Commissioner in
finding the dismissal of the applicant to be both procedurally and
substantively and fear made the following
award:
"
21. The
respondent, Interfruit, is ordered to reinstate the applicant
Angelina Cuna, to her position as a General Worker on the
same terms
and conditions of employment that applied prior to his unfair
dismissal on 02 August 2010. Reinstatement must take effect
on 2
August 2011.
22. The respondent must pay the
applicant R20018.00 (R 1668.00 x 12) back pay which is equivalent to
12 months of remuneration of
the applicant.
23. The respondent must pay the
applicant the aforesaid amount within 14 days of the respondents
receiving this award.
24. I make no order as to costs."
The applicant has
attached an affidavit confirming that proper service of this
application was effected on the respondent. The
respondent on the
other hand has despite the proper service failed and or neglected to
oppose this application.
In the circumstances, am
satisfied that proper notice of this application was effected on the
respondent and that there is no
reason why the applicant should not
be granted the order prayed for in the notice of motion.
In the premises, the
arbitration award dated 18 July 2011, and made under case number
GAEK5136-11 under the auspices of the Commission
for Conciliation,
Mediation and Arbitration, this made an order of the Court, with
costs on the scale of attorney- own client
scale.
Molahlehi J
Judge of the Labour Court
of
South Africa
No appearance- matter
considered in chambers