Magandela v Great Liquor Discounter Stores (JS989/13) [2016] ZALCJHB 436 (22 November 2016)

Magandela v Great Liquor Discounter Stores (JS989/13) [2016] ZALCJHB 436 (22 November 2016)

The court found that the applicant was underpaid in various respects, including wages, overtime, public holiday pay, Sunday overtime, and leave pay, for the period November 2010 to May 2013. The evidence, confirmed on affidavit and supported by detailed calculations, established the amounts due. The respondent failed to oppose the application or provide any evidence to the contrary. The court accepted the applicant's calculations, subject to minor corrections for calculation errors, and ordered payment of the specified amounts together with interest at 15.5% per annum, calculated on a non-compounding basis from the date each payment was due. The court made no order as to costs.

Citation
[2016] ZALCJHB 436
Parties
Applicant: Farai Magandela; Respondent: The Great Liquor Discounter Stores
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 November 2016
Case Number
JS989/13
Procedural Posture
Default Judgment / Final Judgment
Outcome
Application for default judgment granted in favour of the applicant.
Judges
Lagrange
Legal Topics
Sectoral Determination, Underpayment of Wages, Overtime Pay, Public Holiday Pay, Leave Pay, Interest on Arrears
Labour Law Sectoral Determination Underpayment of Wages Overtime Pay Public Holiday Pay Leave Pay Interest on Arrears

Case Brief

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Parties

Farai Magandela

Applicant

The Great Liquor Discounter Stores

Respondent

Procedural Posture

Default Judgment / Final Judgment

Legal Issues

  1. 1 Whether the applicant was underpaid in terms of Sectoral Determination 9 for the Wholesale and Retail Sector.
  2. 2 Whether the respondent is liable for arrear wages, overtime pay, public holiday pay, Sunday overtime, and leave pay, together with interest.
  3. 3 How interest should be calculated on the amounts due.

Ratio Decidendi

The court found that the applicant was underpaid in various respects, including wages, overtime, public holiday pay, Sunday overtime, and leave pay, for the period November 2010 to May 2013. The evidence, confirmed on affidavit and supported by detailed calculations, established the amounts due. The respondent failed to oppose the application or provide any evidence to the contrary. The court accepted the applicant's calculations, subject to minor corrections for calculation errors, and ordered payment of the specified amounts together with interest at 15.5% per annum, calculated on a non-compounding basis from the date each payment was due. The court made no order as to costs.

Court Disposition

Application for default judgment granted in favour of the applicant.

Orders

  • The respondent is ordered to pay the applicant arrear wages in the amount of R17,612.43 within 15 days of receipt of this judgment.
  • The respondent is ordered to pay interest on arrear wages in the amount of R12,053.33.