TSC to Pay Complete Salary Upon Court’s Decree That Posting by an Intern Teacher to JSS Is Unlawful.
The Employment and Labour Relations Court (ELRC) has ruled that the Teachers Service Commission’s placement of intern teachers at Junior School (JSS) was unlawful.
This implies that around 60,000 teachers who were employed as interns by the Teachers Service Commission may demand that their employer reimburse them for their whole time spent on the job.
The verdict was made public on Wednesday, April 17, following the ELRC’s conclusion that the commission had infringed upon these teachers’ rights to fair labor practices by assigning them to internships while they were licensed instructors.
The Junior Secondary School’s implementation of the Competency-Based Curriculum has been largely supported by the intern teachers.
According to Justice Byrum Ongaya’s ruling, the commission is only able to employ qualified candidates who have been registered; as a result, it is not allowed to work with or employ interns or student teachers.
“If the respondents had demonstrated statutory regulatory or policy arrangements,” the first respondent (TSC) would have the right to hire interns. Justice Ongaya states that the first respondent should ideally hire registered instructors on nondiscriminatory terms in order to meet the best staffing needs in public institutions.
The effort was started not just as a crash program to provide teachers for junior secondary schools, but also to alleviate the teacher shortage that was affecting schools.
However, the decision has added to the myriad of problems that the internship program is currently facing, including strong opposition to the program’s continuation.
posting as an intern teacher at JSS
The internship program was initially intended to run for a year, following which the interns would be hired on a permanent basis and receive pension benefits.
But President William Ruto said in December that the instructors would have to serve an extra year before they could be considered for permanent and pensionable employment.
TSC contracted with the interns to teach two subjects while the case was pending in court. But science and arithmetic were addressed in the classroom along with everything else.
The fact that some of their colleagues had been engaged on long-term, pensionable contracts while they had been kept on as college and university teachers placed in schools to obtain teaching experience also infuriated the employed.
There were allegations that TSC withheld all taxes and government contributions, including the contentious housing levy, even though the tutors received a “intern stipend.”
posting as an intern teacher at JSS
The Forum for Good Governance and Human Rights brought the lawsuit on behalf of the interns. It suggested that individuals employed were not under supervision and were expected to handle all issues independently.
The children’s rights and lives are being carelessly handled by the second respondent as test subjects to see if the CBC can function. I declare that this is a concerning situation, the court heard.
An affidavit supporting the case was filed by one of the impacted teachers. According to Oroso Oganga’s account, he was sent to Kajiado County’s Eking Narok Primary School.
He obtained a Bachelor of Education (Arts) degree, according to his transcript. He claimed that only history and Christian religious education were permitted under the terms of his contract with TSC.
But when he reported to the school on February 7, 2023, he did add that he ultimately ended up teaching computer science, integrated science, social studies, CRE, health education, and life skills.
He asserted that he was also in charge of the administration and management of the class. Despite working constantly, Oroso claimed to have gotten a Sh20,000 payout to take home.
The court’s ruling was welcomed by the Kenya National Union of Teachers (KNUT), which described it as a significant victory for student teachers on Wednesday. The choice makes it possible for the interns to be recruited on as full-time staff members in the future.
The KNUT secretary-general, Collins Oyuu, expressed reservations about the internship program, stating that it was unfair to classify instructors with complete certification as trainees.
“The intern issue has been a sore spot, but we sincerely support the temporary solution. Particularly for those who have finished a full year of internships, it seems sense that these teachers become permanent workers with pensions, Mr. Oyuu said.
posting as an intern teacher at JSS
He has asked TSC to lobby Parliament on their behalf in order to obtain funding for the intern teachers’ permanent and pensionable employment.
Additionally, TSC CEO and Secretary General Nancy Macharia revealed in February that an additional 20,000 interns would be hired in July.
TSC to Pay Complete Salary Upon Court’s Decree That Posting by an Intern Teacher to JSS Is Unlawful.
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