[2011]DLCA7939February 17, 2011Court of Appeal

NATIONAL LABOUR COMMISSION vs. SOUTHERN FRIED CHICKEN (SFC)

OFOE, J.A. The brief sequence of events to this appeal can be stated as follows: The Food and Allied Workers Union of the Ghana Federation of Labour filed a petition with the National Labour Commission against the Southern Fried Chicken (SFC). Their petition alleged arbitrary dismissal, harassment and intimidation of its members by their employer, Southern Fried Chicken. The Commission sat on the case and based on its findings made orders which Southern Fried Chicken found unacceptable and therefore refused to comply with. As mandated by section 172 of the Labour Act 2003, Act 651 the Commission proceeded to the High Court for an order compelling the Respondent to comply with its orders. The High Court refused the order, hence this appeal. I will refer to the Commission as the appellant and Southern Fried Chicken as the respondent. Where it becomes necessary to refer to the Food and Allied Workers Union, I will refer to them as the petitioner. What were the salient facts put b...