Myburgh AJ in Coega Development Corporation (Pty) Ltd v CCMA (PR270/14)  ZALCPE 64;  2 BLLR 151; (2016) 37 ILJ 923 (LC) (2 December 2015) at fn 26.
“There are a number of factors that serve to warrant this court (and the LAC) scrutinising CCMA awards with a relatively high degree of intensity.
- Firstly, CCMA arbitration awards implicate the constitutional right to fair labour practices, which is guaranteed to both employees and employers alike. This calls for heightened scrutiny review.
- Secondly, particularly in relation to the typical unfair dismissal case dealt with by CCMA commissioners, they do not process [sic – possess?] any specialist expertise which this court does not have and the range of relevant factors is not particularly complex, such as would otherwise serve as a basis for a low intensity review (i.e. where interference is limited).
- Thirdly, in the absence of this court (and the LAC) adopting a relatively high intensity approach to reviews, consistency (and predictability) in decision-making will be severely undermined, which would have serious implications for all concerned”.
“Arbitration awards – Review – Commissioner wrongly finding senior manager not guilty of placing herself in conflict interest by assisting candidate for employment and not declaring this to interview panel of which she was member – Award set aside”.
“Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest. A famous quip asserts that strict scrutiny is “strict in name, but fatal in practice.”
For a court to apply strict scrutiny, the legislature must either have significantly abridged a fundamental right with the law’s enactment or have passed a law that involves a suspect classification. Suspect classifications have come to include race,national origin, religion, alienage, and poverty”.
Thanks are due to Legal Information Institute for this definition.