Solidarity obo Hartzenberg v Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction (JS 880/12) [2013] ZALCJHB 70 (2 May 2013)

Solidarity obo Hartzenberg v Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction (JS 880/12) [2013] ZALCJHB 70 (2 May 2013)

The applicant's version is unchallenged and supported by documentary evidence. The respondent failed to pay the individual applicant's salary for the specified months and did not oppose the claim. The requirements for a default judgment under section 77(3) of the BCEA are satisfied. The applicant is entitled to the claimed amount, subject to statutory deductions and interest.

Citation
[2013] ZALCJHB 70
Parties
Applicant: Solidarity obo A S Hartzenberg; Respondent: Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2013
Case Number
JS 880/12
Procedural Posture
Default Judgment Application / Application for Default Judgment Under Section 77(3) of the BCEA
Outcome
Default judgment granted in favour of the applicant.
Judges
Molahlehi
Legal Topics
Basic Conditions of Employment Act, Unpaid Salary, Default Judgment, Statutory Entitlement
Labour Law Basic Conditions of Employment Act Unpaid Salary Default Judgment Statutory Entitlement

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Solidarity obo A S Hartzenberg

Applicant

Vioflot Construction (Pty) Ltd t/a KLP Structures & Construction

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment Under Section 77(3) of the BCEA

Legal Issues

  1. 1 Whether the respondent failed to pay the individual applicant's salary for October, November, and December 2011.
  2. 2 Whether the applicant is entitled to a default judgment under section 77(3) of the Basic Conditions of Employment Act.

Ratio Decidendi

The applicant's version is unchallenged and supported by documentary evidence. The respondent failed to pay the individual applicant's salary for the specified months and did not oppose the claim. The requirements for a default judgment under section 77(3) of the BCEA are satisfied. The applicant is entitled to the claimed amount, subject to statutory deductions and interest.

Court Disposition

Default judgment granted in favour of the applicant.

Orders

  • The respondent has failed and neglected to pay the individual applicant, Mr A S Hartzenberg, the salary due and owing.
  • The respondent is ordered to pay the individual applicant, Mr A S Hartzenberg, the amount of R14,500.00 with interest a tempore mora, less tax and other statutory deductions.