TSC to file documents over salary dispute Monday
What you need to know:
- According to the proposal, the highest-earning teachers in job group R would be entitled to a monthly pay of between Sh282,705 and Sh321,705, up from between Sh109,089 and Sh138,501.
- The Central Planning and Monitoring Unit (PMU) and Salaries and Remuneration Commission (SRC) will file their report by February 9.
- On January 14, TSC and teachers’ unions leaders agreed to have the dispute arbitrated in court which led to calling off a two-week strike that had paralysed learning in public schools.
The Teachers Service Commission (TSC) is expected to file its memorandum in the Industrial Court Monday in response to salary demands by teachers.
However, this could be thrown into disarray after the TSC moved to court on Friday, claiming the Industrial Court lacked jurisdiction to arbitrate in the pay dispute in the manner the judge adopted.
TSC Secretary Gabriel Lengoiboni said the commission was still working on its response and will meet Monday morning to deliberate before they file it.
“Our officers are working on the document even today (Saturday) so that it is ready by Monday,” Mr Lengoiboni told the Sunday Nation.
However, he said the issue was “complicated” but did not give details of the complication involved.
On January 14, TSC and teachers’ unions leaders agreed to have the dispute arbitrated in court which led to calling off a two-week strike that had paralysed learning in public schools.
Justice Nduma Nderi brokered the agreement and is expected to arbitrate and determine the matter.
On January 19, the Kenya National Union of Teachers (Knut) and Kenya Union of Post-Primary Education Teachers (Kuppet) filed their demands which included a basic salary increase, among other allowances.
In their submission, the teachers listed 39 demands with a salary increase of between 150 and 200 per cent.
PAY PROPOSALS
According to the proposal, the highest-earning teachers in job group R would be entitled to a monthly pay of between Sh282,705 and Sh321,705, up from between Sh109,089 and Sh138,501.
The lowest paid teachers in job group G would be entitled to between Sh58,863 and Sh68,355, up from between Sh16,692 and Sh24,304.
The Central Planning and Monitoring Unit (PMU) and Salaries and Remuneration Commission (SRC) will file their report by February 9.
However, on Friday the TSC made an about-face regarding the common position reached to end the teachers’ strike.
The commission filed an urgent application seeking to suspend the orders issued by the court on January 14, until their case is heard.
TSC claimed that the orders, if implemented, would result in a miscarriage of justice to parties not in the suit such as the ministries of Education and Labour and the National Treasury.
It further said the court lacked the requisite jurisdiction to exclusively determine remuneration of public officers, including teachers, which fell solely on SRC.
The lawyer added that the adjudication process proposed by the court diminished the principle of separation of powers and disregarded the Constitution and statutory powers of various organs.
Mr Justice Nzioki Wa Makau certified the application as urgent and directed that it be heard before Mr Justice Nderi, who is arbitrating in the matter.
However, Knut lawyer Paul Muite said the court had simply recorded orders reached by consent between the parties in dispute.
“The teachers agreed to implement part of the orders by going back to class. It is therefore not possible for TSC to go back to court seeking to set aside the orders,” lawyer Muite said.
