Retired teacher Ephraim Mwangi Gachigua has taken legal action against his former employer the Teachers Service Commission (TSC) on various counts, including significant unpaid overtime and off-duty allowances amounting to Ksh18 million.
Among his grievances is the absence of a clear delineation of a teacher’s working hours, which he contends has led to his loss of the colossal amount in the time he was teaching.
Gachigua asserts that a teacher’s standard working week comprises of 45 hours, distributed as eight hours per day from Monday to Friday and five hours on Saturday.
On this basis alone, he seeks the 18 million shillings as cumulative compensation for the period, citing violations of his rights as stipulated under the Employment Act.
Another pivotal aspect of his lawsuit is the demand TSC must provide a 30-day notice before relocating any teacher.
He deemed it unconstitutional to compel teachers to relocate abruptly without considering their well-being and the impact on their families.
Gachigua shared his personal experiences, recounting an abrupt transfer during his tenure as a principal at Kanyama Secondary School in Mathira in 2000.
This sort of transfers, which he regards as unconstitutional, was repeated in 2013 when he was demoted and posted as a classroom teacher at Rugathi Secondary School.
He subsequently opted for a study leave and was eventually posted to Thogoto Teachers College in 2018, where he decided to retire after one year due to what he perceives as persecution by the TSC.
One striking argument put forth by Gachigua is the disparity in compensation for extra hours worked as compared to other professions.
He attributes this to the absence of explicitly defined working hours in appointment letters, underscoring the need for a comprehensive review of employment regulations.
Gachigua invoked Section 27 of the Employment Act, which mandates specific working hours for employees and at least one day of rest in a seven-day work week.
He maintained that the TSC has neglected this provision for an extended period, saying he is purely driven by a desire to see positive change in the teaching profession that will enable teachers to enjoy their careers just like other professionals.
By Viola Chepkemoi
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