Solidarity obo Swanepoel v Salt Staffing (Pty) Ltd t/a Global Outsourcing Solutions and Others (JS 549/09) [2013] ZALCJHB 61 (2 May 2013)
The court found that the applicant had proved her claim on a balance of probabilities based on the evidence presented. The respondents failed to appear or oppose, and the amounts claimed were substantiated by the applicant. The court held the respondents jointly and severally liable for the contractual amounts,...
Source-derived case information.
- Citation
- [2013] ZALCJHB 61
- Parties
- Applicant: Solidarity obo Karen Swanepoel; Respondent: Salt Staffing (Pty) Ltd t/a Global Outsourcing Solutions; Respondent: Golden Isle Trading 1 (Pty) Ltd t/a Global Outsourcing Solutions; Respondent: Salestalk 326 (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS 549/09
- Procedural Posture
- Default Judgment / Final
- Outcome
- Default judgment granted in favour of the applicant. Respondents held jointly and severally liable for contractual payments.
- Judges
- R Lagrange
- Legal Topics
- Contractual Claim, Notice Pay, Leave Pay, Severance Pay, Unpaid Commission, Cell Phone Allowance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solidarity obo Karen Swanepoel
Applicant
Salt Staffing (Pty) Ltd t/a Global Outsourcing Solutions
Respondent
Golden Isle Trading 1 (Pty) Ltd t/a Global Outsourcing Solutions
Respondent
Salestalk 326 (Pty) Ltd
Respondent
Procedural Posture
Default Judgment / Final
Legal Issues
- 1 Whether the applicant is entitled to contractual payments for notice, leave, severance, commission, and cell phone allowance.
- 2 Whether the respondents are jointly and severally liable for the amounts claimed.
Ratio Decidendi
The court found that the applicant had proved her claim on a balance of probabilities based on the evidence presented. The respondents failed to appear or oppose, and the amounts claimed were substantiated by the applicant. The court held the respondents jointly and severally liable for the contractual amounts, including notice pay, leave pay, severance pay, unpaid commissions, and cell phone allowance, to be paid within 30 days.
Court Disposition
Default judgment granted in favour of the applicant. Respondents held jointly and severally liable for contractual payments.
Orders
- The first, second and third respondents are jointly and severally liable to the applicant for payment of R74,153.45, made up of notice pay, outstanding leave pay, severance pay, unpaid commissions, and cell phone allowance.
- The amounts must be paid within 30 calendar days of the date of this judgment.
Full Case Text
Judgment text and source record
29 paragraphs
Not reportable
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA,
IN JOHANNESBURG
JUDGMENT
case no: JS 549/09
In the matter between:
SOLIDARITY OBO KAREN SWANEPOEL Applicant and SALT STAFFING (PTY) LTD T/A GLOBAL OUTSOURCING SOLUTIONS Respondent GOLDEN ISLE TRADING 1 (PTY) LTD T/A GOBAL OUTSOURCING SOLUTIONS Second Respondent SALESTALK 326 (PTY) LTD Third Respondent
Heard: 06 September 2012
Delivered: 2 May 2013
Summary: (Default – contractual claim).
DEFAULT JUDGMENT
LAGRANGE, J
Having considered the matter I am satisfied that the applicant has proved her claim on a balance of probabilities on the evidence
presented.
Order
Accordingly,
The first, second and third respondents are jointly and severally liable to the applicant for payment of the amount of R 74, 153.45 made up of the following amounts:
Four weeks’ notice pay : R 21 230-77
5.54 days outstanding leave pay : R 5,880.92
One week’s severance pay : R 5, 307.70
Unpaid commissions from November 2008 until 6 May 2009: R 39, 230.76
Unpaid cell phone allowance for January to March 2009, inclusive: R 2,250.00.
The amounts in paragraph [3] above must be paid within 30 calendar days of the date of this judgment.
_______________________
R LAGRANGE, J
Judge of the Labour Court of South Africa
APPEARANCES
APPLICANT: Mr E Van Niekerk