Summary
- The TSC has appealed a ruling by the ELRC declaring intern teacher contracts unconstitutional.
- The commission argues that implementing the judgment would disrupt learning in public schools, especially in Junior Schools.
- Financial constraints hinder TSC’s ability to comply with the judgment’s requirements.
In a document submitted by the legal representative of TSC, Allan Sitima dated April 19 2024 the commission argues that fully implementing the ELRCs decision would cause significant disruptions to educational activities especially in Junior Schools as public schools prepare to resume classes on April 29 2024.
Furthermore TSC points out its constraints stating that it lacks the necessary funds to convert around 46,000 interns into permanent and pensionable positions. The absence of allocated funds by the National Assembly for the fiscal year further complicates TSCs ability to adhere to the courts orders.
The judgment from ELRC issued by Justice Byram Ongaya on April 17 2024 found TSC guilty of breaching provisions by hiring duly trained and qualified teachers as interns. Justice Ongayas ruling highlighted the violation of labor practices and remuneration rights of these teachers by TSC deeming their actions unconstitutional.
Moreover the court imposed a ban preventing TSC from recruiting and employing student teachers as teachers, in the future. It stressed that the commissions responsibility exclusively involves hiring qualified and registered teachers.