Court halts show-cause notices that TSC delivered to JSS interns.
The Teachers Service Commission’s show-cause letters to protesting junior secondary school intern teachers have been halted by the Employment and Labour Relations Court.
In his decision, Justice Byram Ongaya stated that only those employees with permanent and pensionable positions 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 began.
The judge pointed out that only workers who have contracts in line with the Employment Act are eligible to initiate 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 by Article 237(2) of the Constitution to register, hire, and recruit people. However, she added that the provisions in question were not intended to involve teaching interns.
The court said in a ruling dated April 17, 2024, that TSC had violated the constitution by designating or hiring properly qualified teachers to serve as student teachers.
On May 22, 2024, the JSS interns began receiving the show-cause letters from TSC.
A 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 begins.
“In light of the aforementioned, the commission is considering ending your internship. Consequently, you are now required to provide justification for why the internship agreement with the commission should not be cancelled.”
Within 14 days, TSC requested that the interns produce a response on the subject.
“Failure to which the contemplated action will be taken against you without further reference to you,” warned the Commission.
Court halts show-cause notices that TSC delivered to JSS interns.
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