ESKOM on Thursday asked the Johannesburg Labour Court to set aside an arbitration ruling which found the company guilty of unfair labour practice. This followed a ruling by a private arbitrator that by appointing a coloured applicant who scored less points than her white counterpart in the screening interview, the company had discriminated against the white woman and was guilty of unfair labour practice. Eskom representatives were in court on Thursday to defend its decision to appoint the coloured woman, who scored 64% to the 80% achieved by the white woman. Eskom conceded the white applicant had the best qualifications but said the coloured woman deserved the appointment because she was the most suitable candidate. The appointment of the coloured woman was also in line with its affirmative action policy, Eskom told the court. The Mineworkers Workers Union, of which the white applicant is a member, is accusing the company of racial discrimination. The union said Eskom did not have an official affirmative action policy as it claimed it did. Judgment on the matter will be made in two weeks.