SOLIDARITY OBO DU PLESSIS v COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (APPLICATION FOR LEAVE TO APPEAL) [2026] ZALCJHB 114

Date of Judgment & Seat of Court: 8 April 2026; Labour Court of South Africa, Johannesburg

Name of Judge(s): Makhura J

Summary of Factual Matrix: 

On 26 November 2025, the Court 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. The applicant subsequently filed an application for leave to appeal against that judgment and order.

Summary of Findings:

"[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."

As such, the Court considered the application for leave to appeal, the grounds advanced, and the statutory test under section 17(1) of the Superior Courts Act, and was satisfied that the application met the requisite threshold for grant of leave to appeal.

Order:

"1. The application for leave to appeal is granted."