Employment and labour court has stopped the transfer of more than 4,000 teachers from the Teachers Service Commission (TSC) payroll to Public Service Commission (PSC).
Makau Onesmus who is judge of Employment and Labour Relations Court, on Wednesday directed the transfer process to stop until the case is heard and its fate determined.
“Conservatory orders be and is hereby granted barring the respondents from transferring services of petitioners from TSC to PSC or removing petitioners from TSC payroll until notice of motion filed is heard on October 1, 2018,” said Makau
The public service commission had approved the transfer of service of lectures in Polytechnics, Technical Institutes and Vocational Training to the ministry of education, state department for Vocational and Technical Training Institutions with effect from 1st July 2018.
In order to ensure smooth transition and an efficient management of the payroll and in view of the existing Collective Bargaining Agreement with the teachers’ unions, the commission was to retain the affected lectures on its payroll up to 31st August, 2018.
Consequently, with effect from 1st September, 2018, the remuneration of the lectures was to be paid by the department of the Vocational and Technical Training.
Now that the court has stopped this transfer, it means that, they will continue to be under TSC.
KUPPET Position on transfer of service
Kenya Union of Post Primary Education Teachers (Kuppet) has outrightly protested against the transfer of the teachers claiming that the affected staff are its members.
In a letter to TSC Chief Executive Officer Nancy Macharia, Kuppet secretary general Akelo Misori says that the move was uninformed. Mr. Misori insists that tvet teachers are employees of tsc.
“We want to reiterate that TVET teachers are employees of TSC and not any other state agency or commission and any attempt to unilaterally transfer them is illegal, procedural and in blatant breach of the constitution and international labour practices” said Misori.