Big Blow to TSC as Court halts the show-cause letters to JSS interns.
The show-cause letters that the Teachers Service Commission handed to protesting Junior Secondary School intern teachers have been suspended by the Employment and Labour Relations Court.
The verdict by Justice Byram Ongaya stipulated that only individuals working on permanent and pensionable conditions are eligible to receive show-cause letters.
“… an Order do issue suspending, invalidating all show -cause letters issued to any, and or all the teachers engaged as interns by the 1st Respondent (TSC),” the petition stated in part.
The judge stated that only employees who have contracts in line with the Employment Act are eligible to use the processes for initiating disciplinary actions, which are derived from terms and conditions of employment.
“It is so provided under Section 12 of the Employment Act that the TSC code of regulations would only be available to the teachers who have been employed in accordance with the Constitution and TSC Act.”
According to Justice Ongaya, TSC is authorized to register, hire, and recruit employees under Article 237(2) of the Constitution. However, she added that the provisions in question were not intended to involve teaching interns.
The TSC violated the constitution by designating or hiring properly qualified teachers as student-teachers, the court declared in a ruling rendered on April 17, 2024.
Beginning on May 22, 2024, JSS interns received show-cause notices from TSC.
Just one week earlier, TSC had written to regional directors of education to inquire about the number of intern instructors who had missed work because of the protests.
“It is noted with a lot of concern that you breached the provisions of TSC Act Schedule Clause (b) in that you engaged in professional misconduct by being absent from duty,” the letter starts.
“The commission is considering ending your internship due to the aforementioned circumstances. It is therefore necessary that you provide justification for why the internship with the commission should not be cancelled.”
Within 14 days, TSC requested a response from the interns on the subject.
“Failure to which the contemplated action will be taken against you without further reference to you,” the Commission stated.
Big Blow to TSC as Court halts the show-cause letters to JSS interns.
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