THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case No: JR2882/19
In the matter between:
SOLIDARITY obo FREDERICK JOHANNES DU PLESSIS Applicant
and
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION First Respondent
WILKENS, TD N.O. Second Respondent
ESKOM SOC LTD Third Respondent
Heard: In Chambers
Date: 8 April 2026
This judgment was handed down electronically by circulation to the parties’ legal
representatives by email. The date for hand-down is 8 April 2026.
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
(1) Reportable: No
(2) Of interest to other Judges: No
(3) Revised: No
____________ ______________
Signature Date
LABOUR
COURT
2
MAKHURA, J
[1] On 26 November 2025, this Court, per Kumalo AJ, dismissed with costs the
applicant’s application to review and set aside an arbitration award issued by the
second respondent on 30 October 2019. In that award, the second respondent
concluded that the dismissal of the individual applicant was both substantively
and procedurally fair.
[2] The applicant subsequently filed an application for leave to appeal on 19 January
2026 against the judgment and order referred to above. In terms of section 17(2)
of the Superior Courts Act 10 of 2013, the Judge President has allocated this
matter to me for determination of the application for leave to appeal.
[3] I have considered the application for leave to appeal, together with the grounds
advanced by the applicant as further developed in the written submissions. I
have also had regard to the applicable statutory test for the grant of leave to
appeal contained in section 17(1) of the Superior Courts Act and am satisfied
that the application meets the requisite threshold.
[4] In the premises, the following order is made:
Order
1. The application for leave to appeal is granted.
____________________
M. Makhura
Judge of the Labour Court of South Africa