By Azael Masese
The transfer of TVET tutors from the Teachers Service Commission (TSC) to the Public Service Commission (PSC) might be a legal minefield.
Kenya Union of Post Primary Teachers (KUPPET) says that it is only TSC that is mandated as per the 2010 Constitution to employ teachers and any contrary plan can be contested in court.
In a letter to TSC, the teachers union Secretary General Akelo Misori demands the transfer be stopped and issues that surround the same to beS addressed.
“We want to reiterate that the TVET teachers are employees of TSC and any other state agency or commission, and any attempt to unilaterally transfer them is illegal, unprocedural and in blatant breach of the constitution, national and international labour laws and parties,” it notes.
The union states that a number of the teachers who are their members sought employment of TSC on diverse dates and the commission incorporated them into their payroll.
The teachers, KUPPET argues, were employed under terms and conditions of employment specific to TSC and further being KUPPET members have been enjoying negotiated terms.
“An attempt to unilaterally transfer the services of TVET teachers from TSC to PSC will amount to termination of employment of our affected members with TSC resulting to loss of benefits and down grading of their terms of service without their express permission,” Misori said.
He argues that there is no legality to unilaterally transfer the services of TVET teachers from one independent commission (TSC) to another independent commission which is a separate employer, unless the strict provisions of part six of the Employment Act, minding to compensate our members accordingly.
Besides, the union seeks to know if the Attorney General was consulted on this proposed transfer of service and if yes, a copy of the legal opinion should be provided.
“Take notice that we demand for immediate suspension of the transfer process pending the deliberation and determination of our concern,” it states.
It also warned that it had the support of their members to take a legal action if it does not receive any communication on the same within seven days of receiving the letter.
“Take further notice that failure to receive your written response immediately or in any case within the next seven days from the date of this letter, we have unequivocal instructions from our affected members to seek legal redress against you at your detriment and incidental cost,” it states.
Besides, it offers that not all TVET teachers as currently constituted have specialised in such technical courses, hence the need by the government to drop forthwith the directive for blanket transfer of all the teachers to PSC and employ a selective and negotiated transfer system.
The commission to seek consent of the individual affected teachers before effecting such transfer of service.
It also wants the commission and the proposed employer PSC to have a structured negotiation with KUPPET being the relevant union with an aim of safeguarding the interests of the affected teachers to ensure that no benefit currently being enjoyed is lost.
Over time, TVET tutors had expressed dissatisfaction with their schemes of services under TSC and proposed that a different employer be created to take care of their unique concerns.
