Cuna v Interfruit (Pty) Ltd t/a In2Food (Pty) Ltd (J 1581/12) [2013] ZALCJHB 74 (4 May 2013)

Cuna v Interfruit (Pty) Ltd t/a In2Food (Pty) Ltd (J 1581/12) [2013] ZALCJHB 74 (4 May 2013)

The court found that the applicant had properly served the application on the respondent, who failed to oppose it. The arbitration award, which found the dismissal both procedurally and substantively unfair, ordered reinstatement and back pay. There was no reason to refuse the application, and the award was made an order of court with costs on an attorney-own client scale.

Citation
[2013] ZALCJHB 74
Parties
Applicant: Angelina Cuna; Respondent: Interfruit (Pty) Ltd t/a In2Food (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2013
Case Number
J 1581/12
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted; arbitration award made an order of court.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Arbitration Award Enforcement, Reinstatement, Back Pay
Labour Law Unfair Dismissal Arbitration Award Enforcement Reinstatement Back Pay

Case Brief

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Parties

Angelina Cuna

Applicant

Interfruit (Pty) Ltd t/a In2Food (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award dated 18 July 2011 should be made an order of court.
  2. 2 Whether the applicant was unfairly dismissed by the respondent.
  3. 3 Whether proper service of the application was effected on the respondent.

Ratio Decidendi

The court found that the applicant had properly served the application on the respondent, who failed to oppose it. The arbitration award, which found the dismissal both procedurally and substantively unfair, ordered reinstatement and back pay. There was no reason to refuse the application, and the award was made an order of court with costs on an attorney-own client scale.

Court Disposition

Application granted; arbitration award made an order of court.

Orders

  • The arbitration award dated 18 July 2011 under case number GAEK5136-11 is made an order of court.
  • The respondent is ordered to reinstate the applicant to her position as General Worker on the same terms and conditions as prior to dismissal.