Gomes v AMS Global South African (Pty) Ltd (C759/2018) [2020] ZALCCT 27 (21 October 2020)

Gomes v AMS Global South African (Pty) Ltd (C759/2018) [2020] ZALCCT 27 (21 October 2020)

The court found that the applicant was short paid his remuneration from February 2016 until July 2017, as evidenced by the documentation provided. The claim for severance pay was dismissed because the applicant resigned, and there was no entitlement to severance pay in such circumstances. The claim for leave pay was also dismissed due to lack of proof regarding entitlement and the last payment of leave. The court ordered the respondent to pay the applicant the unpaid remuneration as detailed in the annexure, converted to rands at the prevailing exchange rate for each month, together with interest at the prescribed rate. No order was made as to costs.

Citation
[2020] ZALCCT 27
Parties
Applicant: Fernando Avelilno Gomes; Respondent: AMS Global South African (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
21 October 2020
Case Number
C759/2018
Procedural Posture
Default Judgment / Final
Outcome
Default judgment granted in favour of the applicant for unpaid remuneration; claims for leave pay and severance pay dismissed.
Judges
Lagrange
Legal Topics
Contractual Remuneration Claim, Unpaid Wages, Leave Pay Entitlement, Prescribed Rate of Interest
Labour Law Civil Procedure Contractual Remuneration Claim Unpaid Wages Leave Pay Entitlement Prescribed Rate of Interest

Case Brief

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Parties

Fernando Avelilno Gomes

Applicant

AMS Global South African (Pty) Ltd

Respondent

Procedural Posture

Default Judgment / Final

Legal Issues

  1. 1 Whether the applicant was short paid remuneration due and owing from February 2016 until July 2017.
  2. 2 Whether the applicant is entitled to outstanding leave pay and severance pay.
  3. 3 How the unpaid remuneration should be quantified given payment in US dollars.

Ratio Decidendi

The court found that the applicant was short paid his remuneration from February 2016 until July 2017, as evidenced by the documentation provided. The claim for severance pay was dismissed because the applicant resigned, and there was no entitlement to severance pay in such circumstances. The claim for leave pay was also dismissed due to lack of proof regarding entitlement and the last payment of leave. The court ordered the respondent to pay the applicant the unpaid remuneration as detailed in the annexure, converted to rands at the prevailing exchange rate for each month, together with interest at the prescribed rate. No order was made as to costs.

Court Disposition

Default judgment granted in favour of the applicant for unpaid remuneration; claims for leave pay and severance pay dismissed.

Orders

  • The respondent is liable to the applicant for unpaid remuneration for the months and amounts set out in Schedule 'A'.
  • Within 14 days of receipt of this judgment, the respondent must pay the applicant unpaid remuneration for the period February 2016 until July 2017 as detailed in Annexure 'A', amounting to R1,197,268.00.