Solidarity obo Steenberg v Enlightened Security Force (Pty) Ltd (JS 1165/12) [2013] ZALCJHB 67 (2 May 2013)

Solidarity obo Steenberg v Enlightened Security Force (Pty) Ltd (JS 1165/12) [2013] ZALCJHB 67 (2 May 2013)

The court found that the applicant's claim was properly served and uncontested, and that the facts as set out in the statement of case and supporting affidavit were credible. The respondent failed to file any opposition, and there was no reason to doubt the applicant's entitlement to notice pay and outstanding leave pay. The court was satisfied that the requirements for a default judgment were met and that the respondent was liable for the claimed amount.

Citation
[2013] ZALCJHB 67
Parties
Applicant: Solidarity obo JJ Steenberg; Respondent: Enlightened Security Force (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2013
Case Number
JS 1165/12
Procedural Posture
Default Judgment / Application for Default Judgment
Outcome
Default judgment granted in favour of the applicant for notice pay and outstanding leave pay.
Judges
Molahlehi
Legal Topics
Notice Pay, Outstanding Leave Pay, Default Judgment, Employment Contract
Labour Law Notice Pay Outstanding Leave Pay Default Judgment Employment Contract

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Parties

Solidarity obo JJ Steenberg

Applicant

Enlightened Security Force (Pty) Ltd

Respondent

Procedural Posture

Default Judgment / Application for Default Judgment

Legal Issues

  1. 1 Whether the respondent is liable to pay the applicant one month's notice pay and outstanding leave pay upon resignation.
  2. 2 Whether proper service of the statement of case was effected on the respondent.
  3. 3 Whether the applicant is entitled to a default judgment due to the respondent's failure to oppose.

Ratio Decidendi

The court found that the applicant's claim was properly served and uncontested, and that the facts as set out in the statement of case and supporting affidavit were credible. The respondent failed to file any opposition, and there was no reason to doubt the applicant's entitlement to notice pay and outstanding leave pay. The court was satisfied that the requirements for a default judgment were met and that the respondent was liable for the claimed amount.

Court Disposition

Default judgment granted in favour of the applicant for notice pay and outstanding leave pay.

Orders

  • The respondent is ordered to pay the applicant the amount of R32,504.62 within 14 days of the date of this order.
  • The respondent is to pay interest on the outstanding amount tempore mora.