TSC DISOWNS DEAL THAT ENDED TEACHERS’ STRIKE

Justice Nduma Nderi reads resolutions at a Nairobi Court on January 14,2015 after meeting with education Union officials and Government Officials where they agreed to call off the strike and ordered teachers to go back to class. The teachers’ employer has changed tune and has now challenged a court-brokered agreement it signed with unions two weeks ago. PHOTO | EVANS HABIL |   NATION MEDIA GROUP

By ABIUD OCHIENG

The teachers’ employer has changed tune and has now challenged a court-brokered agreement it signed with unions two weeks ago.

TSC now wants the salary dispute with unions left to the Salaries and Remuneration Commission instead of the courts.

In papers filed with the Industrial Court, the Teachers Service Commission, which took the matter to court earlier this month after failing to strike a deal with Knut and Kuppet, has said that only the SRC and itself have the constitutional mandate to negotiate pay with the unions.

This is a turnaround from the deal signed in court with the unions, ending two weeks of a strike that paralysed learning in public schools.

Kuppet has protested that the move was intended to help TSC evade the January 14 consent orders.

“The application is a demonstration of TSC’s persistent mistreatment of Kuppet and Knut and their members. It amounts to a stab in the back to the teachers who have already resumed duty following the court orders of January 14,” said Kuppet lawyer Judith Guserwa.

Responding to the plea lodged by TSC on Friday, Industrial Court judge Nduma Nderi on Monday urged the commission and the unions to continue engaging in talks to resolve the dispute.

MAKE DECISION

The court will only make a decision if they fail to agree.

Justice Nderi made the remarks after hearing arguments on an urgent application filed by TSC on Friday, challenging the court’s jurisdiction to deal with the matter.

When it first went to court, TSC had asked the judge to declare the teachers’ strike illegal. However, this did not happen and instead, the judge directed the unions and the teachers’ employer to appear before him for arbitration. On January 14, the judge brokered a deal that ended the strike.

He also directed all the parties to file their memoranda on the dispute.

Kuppet and Knut filed their memorandum on January 19 as directed in the consent orders. TSC was expected to hand over its memorandum tomorrow, but instead went back to court challenging the process.

“The TSC and SRC are established under the Constitution and the process by which the court seeks to determine the basic pay of the union members is an affront to the exclusive mandate of TSC and SRC,” said the employer in its application.

SEPARATION OF POWERS

It also said that the adjudication process proposed by the court diminishes the principle of separation of powers and disregards the Constitution and the statutory powers of various institutions. The orders, if implemented, will occasion a miscarriage of justice to parties not in the suit such as the ministries of Education and Labour as well as the National Treasury, it said.

TSC asked the court to stop enforcement of the consent orders reached on January 14, where it was resolved that the court was to handle the economic dispute and that the teachers’ strike be called off.

Yesterday, however, Justice Nderi warned that an impression should not be created that the court had decided to determine the terms and conditions of service for teachers.

“The court never takes away the prerogative of the employer at any one time during the hearing of an economic dispute.

“If today, TSC decides that they have a good offer for teachers and makes an offer to them, it will be the end of the matter and the court will be more than happy,” said Justice Nderi.

FREE TO GO TO COURT

He said that the parties in dispute were free to go to court any time to report that they had agreed on the salary issue.

“In the event that there will be no consent until the end of the hearing of the economic dispute, the court will only abide by the submissions of the parties and this court is always guided by the reports especially from the monetary unit, a government unit, which is at the service of all the ministries of government.

He directed the parties to comply with the orders reached on January 14, and stated that TSC should file its memorandum by tomorrow. SRC was directed to file its response by February 9, and the Central Planning and Monitoring Unit by February 23.

“I have a feeling that if you follow what we agreed here, it will be a long time before we have another teachers’ strike because you will have laid down a foundation on which the future will be based,” said Justice Nderi.

He also directed Knut to respond to all the issues raised in the latest application filed by TSC.

Separately, Knut chairman Mudzo Nzili said that TSC wants to delay the matter so that by the time the case is determined, the budgetary process will have been concluded and their needs will not have been factored in the next Budget.

Kuppet Secretary-General Akelo Misori said TSC should not turn around to claim that the court lacks jurisdiction because it had decided to take the unions to court in the first place. He said the Friday application was an attempt to delay the resolution of the dispute as has been the case in past.

The case will be mentioned on February 23 to confirm compliance by all the parties.

CREDIT SOURCE: NMG