Judge dismissed TSC application to have it referred to a reconciliation committee
An attempt by the Teachers Service Commission to have the case for Knut’s dues heard through a reconciliation committee flopped after the judge said she has jurisdiction to handle the matter.
Justice Hellen Wasilwa on Wednesday declined to refer the matter back to the dispute resolution mechanism.
She, however, directed the parties to file their responses and the matter be heard on September 10.
TSC had argued that the matter was still new and the judge had no jurisdiction to hear it.
Through lawyer Calvin Anyuor, the teachers’ employer argued that in the process of separating the payroll for the two categories of teachers created as a result of the judgment, the commission ran into a technological hitch which affected the deduction of the union dues. The dues will be paid once the system has been restored, they said.
Anyuor said the petition filed by the Kenya National Union of Teachers has raised new issues that need to comply with the procedure provided in the labour laws before it can be taken to court.
He asked the commission to instead embrace an alternative dispute resolution mechanism.
Last week, Knut wanted the TSC compelled to remit union dues that are yet to be availed for two months.
Through lawyer Paul Muite, Knut argued that union activities will be crippled should the trend continue.
“It is not proper to misinterpret the judgment then use that misinterpretation to violate that judgment. We already have orders that TSC should deduct the union dues. We served the orders on TSC but it has not complied,” Muite said.
TSC had previously filed an application seeking for suspension of the June 12 judgment, stating the effect it will have on the teachers’ payroll. But the judge declined to grant the orders.
The judgment had the effect of returning Knut members to be managed under the Schemes of Service, while Kenya Union of Post-Primary Teachers (Kuppet) have remained under the Career Progression Guidelines.
Separately, the same court also declined to set aside orders which reinstated Knut SG Wilson Sossion in office. This is after the National Executive Council sought to have the orders vacated.
Justice Wasilwa said she cannot grant the orders exparte and instead ordered NEC to serve Sossion and other parties their application.
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