TSC Fined for Unfair Demotion of Six P1 Teachers from TTC
In a nutshell;
The six primary school teachers had been promoted based on higher qualifications and duly released by TSC to serve as lecturers atMigori teachers’ training college.
Barely two years after getting deployed to the TTC, they were forced to go back to primary schools to serve as regular classroom teachers.
Feeling hurt and humiliated, the teachers filed two cases against their employer in 2018 and January 2019.
The cases were harmonized and now they are all smiles after the labor court ruled in their favor.
According to judge Onesmus Makau, the Teachers Service Commission shall compensate every teacher Sh 300, 000 for unfair demotions.
What is even more intriguing, the Commission will continue paying them salaries equivalent to those of college lecturers.
Latest Guidelines Governing TSC Promotions
Arguing its case, the Teachers Service Commission said that the teachers had been irregularly promoted and released on different dates to teach at teacher training colleges.
The Commission said it does not recognize promotions based on higher academic qualifications.
From where the Commission stands, the six: Meshack Onindo, Richard Asiago, Kenneth Ojwang’ Nelson Muogo, Nancy Anyango, and Carolyne Adhiambo ought to have remained as instructors in primary schools since attaining higher qualifications, degrees do not guarantee the teachers deployment to a higher position or deployment to a post-primary institution but only a higher pay.
Therefore, the transfers grossly offended the TSC deployment policy and other relevant guidelines and the officer who effected the irregular transfers has since been sacked.
TSC to Compensate Teachers for Unfair Demotions
Employment court Court judge Onesmus Makau ruled in their favor ordering TSC to pay every teacher Sh 300, 000 for undertaking an unfair administrative action in transferring them back to primary schools less than two years after they were promoted as lecturers.
“Even if there will be no reduction of salary, the transfer of the petitioners and claimants back to primary schools reduces their social standing as they would cease being lecturers at the TTC and that amounts to a demotion,” said Makau.
Six P1 Teachers to Continue Enjoying Salaries Equivalent to those of College Lecturers
Besides being compensated, the six primary school teachers will continue to receive salaries equivalent to those of college lecturers.
The employment and Labour Relations Court found that the rights of the six were grossly violated after TSC revoked their promotions.
They had been released to lecture at Migori TTC. However, in April 2018, the college allegedly orchestrated a campaign that saw them demoted.
They received letters transferring them back to primary schools before they completed two years yet the TSC transfer policy requires employees to serve in their new work stations for a minimum of five years before getting transferred.