Tuesday, February 21, 2012

Court stops TSC from firing teachers



By Peter Atsiaya

The Industrial Court has barred the Teachers’ Service Commission (TSC) from replacing 368 teachers whose contracts were terminated.
Justice Isaac Mukunya has issued a temporary order retraining TSC from carrying on with the recruitment of new teachers to replace those who were sent packing for allegedly failing to fulfill terms and conditions of the employer.
"The court hereby order that the TSC be restrained from recruiting new teachers for the posts advertised in The Standard on February 3," the order stated.
TSC terminated the contracts of the teachers who were hired in September 2010.
The commission went ahead to place an advertisement in The Standard to fill the positions that had been allocated to various counties.
But Kenya Union of Post Primary Education Teachers (Kuppet) went to court to challenge TSC’s decision to terminate the contracts.
In an application by Kuppet secretary general Akelo Misori, the union asked the court to issue an order barring the commission from going on with the recruitment.
Kuppet argued that the fact that TSC allowed the teachers to work on contract showed that they qualified and the reasons for terminating their contracts were unjustified.
Justice Mukunya stated that the order would stay until February 29 when the matter shall be heard inter partes.
Aggrieved teachers
Kuppet national chairman Omboko Milemba said the court order was a reprieve to the aggrieved teachers who had lost their jobs.
He claimed that some of the teachers who were fired had been employed on permanent basis.
"These teachers met all the terms and conditions when they secured the jobs on contract basis," he added.
"Why is TSC shifting goalposts by kicking them out by claiming that they have not met the requirements," posed Milemba.
He added that the union would fight to ensure that the teachers are confirmed on permanent and pensionable basis.

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