TSC seeks court review of orders suspending transfers
The Teachers Service Commission (TSC) wants the labour court to consider reviewing orders issued last month suspending the transfer of certain union officials, and also stopping implementation of teacher appraisal tools it had developed. The teachers’ employer argues that the orders were issued in an application filed by the Kenya National Union of Teachers (Knut) without the court giving the commission an opportunity to make its position known. “The court arrived at the orders without affording parties an opportunity to ventilate the matter,” the TSC in court papers.The Employment and Labour Relations Court had granted orders on January 2, setting aside the transfer of union officials beyond the branch territory where they are elected to serve.The court also suspended the implementation of Career Progression Guidelines, directed the TSC and Knut to engage towards appropriate teacher professional development modules and policy, and also stopped the implementation of tools, processes and procedures of performance management until the parties agree on relevant regulations.The TSC used the Career Progression Guidelines to appoint, place and promote institutional administrators as well as adjust their remuneration with effect from July 1, 2017 to the advantage of teachers. “Stopping implementation of the guidelines has the negative effect of stalling the appointment, placement, and promotion of teachers and institutional administrators to fill existing vacancies,” the TSC says in court papers.The employer has also developed both performance contracting and teacher performance appraisal and developed tools as a means to measure performance.The application will be heard on March 5.
“Performance contracting is the surest way for the TSC to ensure prudent utilisation of public finance as appropriated to it by Parliament for the purpose of paying salaries and allowances to its employees,” the TSC says.Further, that Knut was fully engaged in the development and piloting of the performance contracting and appraisal instruments.Hence, the orders against the implementation of tools, processes and procedures on performance management in respect of Knut members has caused inequality in the teaching service, as teachers who are not Knut members are currently under the TSC’s performance management process.The application will be heard on March 5.