The Employment and Labour Relations Court (ELRC) has invalidated the show-cause letters issued to 7,357 intern teachers across the country by the Teachers Services Commission (TSC) on May 23, 2024.
The intern teachers, represented by the Forum for Good Governance and Human Rights through an affidavit made by lawyer Samson Omechi Ongera, had moved to Milimani Commercial Court to stop the looming disciplinary action on the teachers, arguing that they are not in an employment relationship with the commission and therefore TSC cannot purport to discipline them.
“The said show cause letters are issued in disobedience of the Employment Act as the said teachers are not in the employment of the 1st Respondent as by the 1st Respondent’s own averments vide the replying affidavit dated March 6, 2024, therefore all those teachers fall below any instruments of employment and therefore they cannot be subjected to the regulations made under Section 12 of the Employment Act and yet they are not employees of the TSC by law,” the lawyer argued in the affidavit, the first respondent being TSC.
The judgment made by Justice Byram Ongaya revealed that for one to be issued with the show-cause letters, they must be employed on permanent and pensionable terms and the interns are not, hence cannot be subjected to the regulations made under Section 12 of the Employment Act.
TSC had written the lot, which is part of the 46,000 intern teachers recruited in February and September last year, the letters after they failed to report to school for duty as second term commenced. They have been out in the streets since then, demanding to be confirmed as permanent and pensionable.
“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. Given the above, the Commission is contemplating termination of your engagement as an intern. Therefore you are hereby called upon to show cause why the internship engagement with the commission should not be terminated,” a template addressed to the intern teachers read.
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By Vostine Ratemo
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