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[2013] ZALCJHB 70
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Solidarity obo Hartzenberg v Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction (JS 880/12) [2013] ZALCJHB 70 (2 May 2013)
3
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
CASE NO: JS 880-12
In the matter between –
SOLIDARITY obo A S HARTZENBERG
........................................................
Applicant
And
VIOFLOT CONSTRUCTION (PTY) LTD t/a
KLP STRUCTURES & CONSTRUCTION
..................................................
Respondent
Date of judgment: 02 May 2013
___________________________________________________________________
JUDGMENT
___________________________________________________________________
MOLAHLEHI J
[1] This is an application for a default judgment in terms of which
the applicant seeks an order directing the respondent to pay
the
individual applicant unpaid salary for the months of October,
November and December 2011.
[2] The applicants have launched the claim under the provision of
Section 77
(3) of the
Basic Conditions of Employment Act 75 of 1997
.
The applicants in their statement of case contends that the
respondent has despite the claim for the payment of the outstanding
salaries of the individual applicant failed to or neglected to pay
the amount due and owing. The breakdown of the amount due and
owing
is as follows:
October 2011: R4500. 00
November 2011: R5000. 00
December 2011:
R5000. 00
Total R14500. 00
[3] The applicants contend that the claim was duly and properly
served on the respondent and the respondent has not opposed the
claim. The time for serving and filing the notice of intention to
oppose the claim has expired.
[4] The only version, which has not been challenged, is that of the
individual applicant. There exist no reason why the version
of the
applicants should be rejected. The applicants have accordingly made a
case warranting the granting of the default judgment.
The order
[5] In the circumstances, the following order is made:
1. The respondent has failed and or neglected to pay the individual
applicant, Mr A S Hartzenberg, the salary which is due and
owing.
2. The respondent is ordered to pay the individual applicant, Mr A S
Hartzenberg, the amount of R14500,00 with interest a
tempore mora
less tax and other statutory deductions with.
E MOLAHLEHI
JUDGE OF THE LABOUR COURT OF
SOUTH AFRICA
Appearances:
Matter
considered in Chambers