Sneller Verbatim/DM
IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT BRAAMFONTEIN CASE NO: JS205/01
2002-02-06
In the matter between
HARRY EMMANUEL Applicant
and
KGB SECURITY SYSTEMS Respondent
_______________________________________________________________
_
J U D G M E N T
Delivered on 6 February 2002
_______________________________________________________________
_
REVELAS J:
1. The applicant was dismissed by his former employer, KGB
Security Systems, apparently for what his employer
described as operational requirements. The employee
alleges that he does not know the reason for the
dismissal. However, on the facts, it appears that in
the opinion of the commissioner at the Commission for
Conciliation, Mediation and Arbitration (“the CCMA”),
it was a dismissal for operational requirements.
2. In the certificate of outcome of the matter, the
dispute is defined as an alleged dismissal for
operational requirements.
1. 1. 3. The respondent has not opposed this matter, it has
filed a letter with the registrar stating that it
intended opposing the matter, yet no opposing papers
were filed and a notice of setdown was duly faxed to
the respondent at its correct fax number, as was
provided by it to the Labour Court.
4. In the circumstances and on the applicant's uncontested
version, the dismissal was both procedurally and
substantively unfair. The applicant was dismissed on
28 December 2000 and earned R1 710,00 per month.
5. He is consequently entitled to compensation equal to 12
months salary, which would amount to R20 510,00 which
the respondent is ordered to pay him.
_______________
_
E. Revelas