Erens and Another v EnValue AG (Pty) Ltd (JS 285/14) [2015] ZALCJHB 118 (17 March 2015)

Erens and Another v EnValue AG (Pty) Ltd (JS 285/14) [2015] ZALCJHB 118 (17 March 2015)

The court found that the respondent was properly served with the statement of claim and failed to file any opposition. The applicants' version was unchallenged and credible. The respondent's failure to pay salaries, accrued leave, notice pay, and other allowances constituted a breach and repudiation of the employment contracts. The applicants were entitled to damages as calculated and set out in the order. The court granted default judgment in favour of the applicants.

Citation
[2015] ZALCJHB 118
Parties
Applicant: Dylan Erens; Applicant: Myles Peter Rennie; Respondent: EnValue AG (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2015
Case Number
JS 285/14
Procedural Posture
Default Judgment / Judgment Delivered After Respondent Failed to File Statement of Opposition.
Outcome
Default judgment granted in favour of the applicants for breach of employment contracts.
Judges
Molahlehi
Legal Topics
Breach of Employment Contract, Salary Non Payment, Notice Pay, Accrued Leave, Default Judgment
Labour Law Breach of Employment Contract Salary Non Payment Notice Pay Accrued Leave Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Dylan Erens

Applicant

Myles Peter Rennie

Applicant

EnValue AG (Pty) Ltd

Respondent

Procedural Posture

Default Judgment / Judgment Delivered After Respondent Failed to File Statement of Opposition.

Legal Issues

  1. 1 Whether the respondent breached the employment contracts by failing to pay salaries and other entitlements.
  2. 2 Whether the applicants are entitled to damages for the respondent's repudiation of their employment contracts.
  3. 3 Whether default judgment should be granted in the absence of opposition.

Ratio Decidendi

The court found that the respondent was properly served with the statement of claim and failed to file any opposition. The applicants' version was unchallenged and credible. The respondent's failure to pay salaries, accrued leave, notice pay, and other allowances constituted a breach and repudiation of the employment contracts. The applicants were entitled to damages as calculated and set out in the order. The court granted default judgment in favour of the applicants.

Court Disposition

Default judgment granted in favour of the applicants for breach of employment contracts.

Orders

  • The respondent is in breach of the employment contracts of the applicants.
  • The respondent is ordered to pay the first applicant R603,119.51, comprising September 2013 salary, salary for 1–11 October 2013, accrued leave, notice pay, and interest.