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[2013] ZALCJHB 67
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Solidarity obo Steenberg v Enlightened Security Force (Pty) Ltd (JS 1165/12) [2013] ZALCJHB 67 (2 May 2013)
1
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
CASE NO: JS 1165-12
In the matter between –
SOLIDARITY obo JJ STEENBERG
...............................................................
Applicant
And
ENLIGHTENED SECURITY FORCE (PTY) LTD
........................................
Respondent
Date of judgment: 02 May 2013
Summary: Default judgment. Claim for payment and outstanding
leave.
__________________________________________________________________
JUDGMENT
___________________________________________________________________
MOLAHLEHI J
[1] This is an application for a default judgment in terms of which
the applicant seeks payment from the respondent in the amount
of
R32 504.62. The applicant’s claim is based on the
contention that the respondent the failed to pay him his one month’s
notice pay for the period 16 August 2011 and the outstanding leave
pay of 21 days.
[2] The dispute between the parties, as formulated by the applicant,
arises from the employment contract between the applicant
and the
respondent. The applicant resigned from his employment on 15
September 2012. According to him the resignation was with
the
agreement of the respondent. At the time of terminating his
employment the applicant earned a salary of R16 500.00. The
breakdown with the applicant claims is to when owing to him is set
out in the statement of case as follows:
a. one month notice pay:
R16 500.00
b. outstanding leave of 21 days:
R16 004.62
Total: R32 504.62
[3] The applicant contends that despite proper service of the
statement of case, the respondent has failed and/ or neglected filed
a statement of opposition to this claim. The time frame within which
the respondent was supposed to have filed its intention to
oppose
this claim has expired then, it is on that basis that this
application was made.
[4] The only version before this court which has not been
contradicted, in light of failure by the respondent to oppose, is
that
of the applicant. In my view, there is no reason to doubt the
veracity of the facts as set out by the applicant in the statement
of
case and confirmation by the affidavit supporting the application.
There is also no basis to question the service of the statement
of
case on the respondent.
[5] Accordingly, I am satisfied that the respondent was properly set
with the statement of case and also that the applicant has
made out a
case warranting the granting of a default judgment.
The order
[6] In the premises the following order is made:
The amount of R32 504, 62, being for notice pay and
outstanding leave pay for the applicant is due and owing by the
respondent.
The respondent is ordered to pay the applicant the amount of
R32 504,62 within 14 days of date of this order.
The respondent is to pay interest on the outstanding amount
tempore mora.
E MOLAHLEHI
JUDGE OF THE LABOUR COURT OF
SOUTH AFRICA
Appearances:
Matter considered in Chambers