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[2016] ZALCD 17
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Monyai v Fidelity Security Services (Pty) Ltd and Another (J1388/15) [2016] ZALCD 17 (12 August 2016)
I
N
THE
LABOUR
COURT OF SOUTH AFRICA
,
DURBAN
JUDGMENT
Not
Reportab
l
e
Case
no
:
J1388
/
15
I
n
the matter between:
PHATHUTSHEDSO
SOLOMON
MONYAI
Applicant
and
FIDELITY
SECURITY SERVICES
(PTY)
LTD First
Respondent
W
J
BARTMAN
Second Respondent
Heard:
12 August 2016
Del
i
vered
:
1
2
August 2016
JUDGMENT
WHITCHER
J
[1]
The
contempt
application is dismissed with no order
as to costs. My reasons
are
as
follows.
[2]
The
respondents
provided
a
detailed
reasonable
explanation
which
indicated that
they
are
not
in
contempt
of
court
.
[3]
The
applicant
did
not
provide
an
answering
affidavit
but
I
permitted
him
to
respond
to
the
respondent's case
in
court.
[4]
He did not provide a
reasonable
probable
response.
He just
gave a bald denial
of the respondent's version.
I
t also
became clear that
he
does not want to return to work
but
wanted
the
court to order
a financial settlement.
Th
i
s
l
ent
credence to the
respondent's
version
that
the
applicant did
not
tender
his
services
.
[5]
The applicant also refused my
suggestion
that if
he
wants a
financial
settlement
as
opposed
to
returning to
the
respondent's
employ
he
should
discuss
the
matter
with their attorney who was present
in
court
.
The attorney
indicated to
the court
that
he is prepared
to discuss same with the applicant. The
applicant
however
refused to do so and
i
nsisted
that the court make a financial order
.
I
explained I
cannot
do this.
Order
[6]
I
n the
premise
s
,
the following
order
is
made:
1.
The contempt appl
i
cation
is
dismissed
with
no order as
to
costs
____________________________
Benita
Whitcher
Judge
of the Labour Court of South Africa