TSC attempt to block court over tutors’ pay dispute fails
From left: Kuppet national chairman Ombok Milemba, secretary-general Akelo Misori and Knut chairman Mudzo Nzili leave the Industrial Court in Nairobi January 26, 2014. PHOTO | PAUL WAWERU
What you need to know:
The Kenya Union of Post-Primary Education Teachers (Kuppet) opposed an application filed by TSC on Friday challenging the Industrial Court’s jurisdiction to handle the teachers’ pay dispute.
The teachers’ employer had, in its application, claimed that the court lacked jurisdiction to determine the pay dispute, adding that the matter was a preserve of the Salaries and Remuneration Commission (SRC).
The Teachers Service Commission’s attempt to block the court from deciding on tutors’ contested basic pay suffered a setback after the court directed the commission to file its pay proposal by Wednesday.
The Kenya Union of Post-Primary Education Teachers (Kuppet) opposed an application filed by TSC on Friday challenging the Industrial Court’s jurisdiction to handle the teachers’ pay dispute.
Kuppet, through lawyer Judith Busera, told Industrial Court Judge Nduma Nderi that the appeal was an abuse of the court process in view of the fact that TSC alleges that the court lacks jurisdiction to determine the matter. Ms Busera said the application was a demonstration of TSC’s persistent mistreatment of teachers who are members of Kuppet and the Kenya National Union of Teachers (Knut).
She said it amounted to a stab in the back for teachers who have already resumed duty following consent orders issued on January 14.
“The application is a testimony of the high-handedness with which TSC is treating teachers”, the lawyer argued.
TSC was directed to present its memorandum by Wednesday.
The teachers’ employer had, in its application, claimed that the court lacked jurisdiction to determine the pay dispute, adding that the matter was a preserve of the Salaries and Remuneration Commission (SRC).
“The TSC and SRC are established under the Constitution and the process by which the court seeks to determine the basic pay of union members is an affront to the exclusive mandate of TSC and SRC,” said TSC in its application.
It argued that the court process will diminish the principle of separation of powers and disregards the Constitution and statutory powers of various organs.
TSC claims that the orders, if implemented, will occasion a miscarriage of justice to parties not in the suit such as the ministries of Education and Labour as well as the Treasury.
TSC also requested the court to stop enforcing consent orders reached on January 14, where it was resolved that the court was to handle the dispute and that the teachers’ strike be called off.
Kuppet and Knut had filed their memorandum on January 19 as had been directed in the consent orders, and TSC was expected to file theirs Monday but failed.
The court, however, said TSC’s application and the initial one relating to the pay dispute will be heard jointly. The case will be mentioned on February 23. On January 19, the two teachers’ unions filed a joint memorandum on the pay dispute claim as directed by Justice Nderi.
Knut and Kuppet indicated their proposed salary increments, allowances review and other benefits for teachers in the country.
In the proposed increment, the lowest-paid teacher at Job Group G would earn a maximum of Sh68,355 per month, up from Sh24,304, while the highest-paid in Job Group R would take home Sh321,705, up from Sh120,270.
The two unions also proposed the creation of job groups S and T, which would attract pay of Sh348,705 and Sh383,705, respectively.
Previous talks between a government team led by Education Cabinet Secretary Jacob Kaimenyi and his Labour counterpart Kazungu Kambi collapsed.
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