TSC REIGNS SUPREME IN COURT CASE AS KNUT BAGS ANOTHER MAJOR BLOW; LATEST TSC NEWS
The Teachers Service Commission is thrilled after winning yet another major court case bordering on the release of over Sh 600 million KNUT union dues.
Justice Maureen Onyango of the Labor Court in Nairobi dismissed an application by the Kenya National Union of Teachers, KNUT to recover over Sh 600 million from the Teachers Service Commission.
The judge also dismissed KNUT’s request to have TSC Boss Dr. Nancy Macharia jailed for two years on grounds that she disobeyed court orders by failing to submit the union dues.
Arguing in its defense, the TSC said that it failed to remit the dues due to the wrong timing. The Commission had already paid the teachers by the time KNUT was serving it with the orders.
“I am satisfied by the explanation given by the respondent and the continued goodwill in the remittance of union dues in the following months save for the month of December 2019, which has been attributed to technical hitches,” ruled Justice Onyango.
However, KNUT had argued that the Commission had failed to remit the union dues for four months. The union also accused TSC of interfering with its register despite orders barring the commission from interfering with union affairs.
The Commission denounced the claims saying that it wanted to only reconfirm the membership of teachers in various unions after there arose numerous complaints bordering on unauthorized union deductions.
The judge said that a definitive ruling can only be issued if and when the entire case has been heard. She was referring to the ongoing tussle about the failure to promote KNUT affiliated teachers. This is after KNUT challenged the implementation of Career Progression Guidelines in the new Collective Bargaining Agreement, CBA. The CPGs were to replace the old schemes of service. After KNUT won the case, all its members were to be promoted based on the schemes of service, a parameter that the TSC has not yet applied in its current promotions.
Consequently, all KNUT members lost out on the third and fourth phase of implementation of the 2017-2021 CBA that has seen several senior teachers and other school administrators promoted.
The National Assembly Education Committee chair Florence Mutua promised to review the code that barred KNUT members from being promoted based on Career Progression Guidelines ahead of the next CBA negotiations to avoid any future conflicts.
On the issue of the agency fee, the Commission said it was waiting upon a formal order from the Labour Cabinet Secretary to effect deductions from its members.