The show-cause letters that the Teachers Services Commission (TSC) gave to 7,357 intern teachers across Kenya on May 23, 2024, were declared invalid by the Employment and Labour Relations Court (ELRC). This important decision, issued by Justice Byram Ongaya, marks a crucial moment for these intern teachers who were part of a dispute about their job status and rights.
Background and Context
The problem began when the TSC issued show-cause letters to intern teachers recruited in February and September of last year for not reporting for duty at the beginning of the second term. These teachers, who had been protesting for confirmation as permanent and pensionable employees, were now potentially subject to disciplinary action.
Legal Challenge
As per the filing from Forum for Good Governance and Human Rights, intern teachers presented a petition through an affidavit by lawyer Samson Omechi Ongera at Milimani Commercial Court requesting to stop anticipated disciplinary actions coming their way. The main point of contention was that intern teachers did not have employment relationship with TSC, so commission could not legally discipline them.
Court’s Ruling
The decision of Justice Byram Ongaya reminds us about an important point in the employment law. It is necessary that for TSC to give show-cause letters, the people getting them should be working under permanent and pensionable conditions. Since intern teachers were not employed on these terms and therefore did not fulfill this requirement, they could not have been subjected to rules set in Section 12 of Employment Act. The decision says, “The show-cause letters are issued in disobedience of the Employment Act as the said teachers are not in the employment of 1st Respondent. Therefore, all those teachers fall below any instrument of employment and cannot be subjected to regulations made under Section 12 of Employment Act.”
Implications of the Ruling
This ruling carries great significance for the intern teachers as well as the TSC. It verifies that, according to their demands, being engaged with TSC does not signify permanent employment and therefore they should be exempted from disciplinary procedures used on permanent staff. This judgement has saved them from TSC possibly ending their internship due to show-cause letters.