The Teachers Service Commission (TSC) has suffered a big blow in regards to the hiring of interns as teachers after the court issued a new directive. There has been a lot of pressure being mounted on TSC to employ the interns as teachers and it even took a legal battle and direction.
The Employment and Labour Relations Court issued a ruling that read that the Teachers Service Commission (TSC) cannot hire student-teachers or interns because its mandate is only limited to employing the teachers who are qualified and registered.
Justice Byrum Ongaya said that the Teachers Service Commission (TSC) violated the Labour practice rules when it employed the qualified teachers as interns and they also had the TSC Numbers. He stated in his ruling that it is discriminatory to employ qualified teachers as interns with a contract of only one year.
“An employer cannot employ trained and registered teachers as interns to avoid Act 41 safeguards. Although there is freedom of contract. Act 41 must come into play. Disguising employment to escape the effects of Act 41 cannot pass the chains of social justice in Employment,” Stated Judge Byrum Ongaya.
“It is discriminatory to employ qualified and registered teachers as interns on one-year contract while other qualified and registered teachers are employed as teachers and on fixed contracts upon different terms and conditions.” Judge Byrum Ongaya added.
This is indeed a setback to TSC because the Commission employed about 60,000 teachers who were brought in as interns after finishing their studies and even graduating. They were majorly brought in to help in the Junior Secondary schools which have a great shortage.
The schools will be opened in two weeks’ time and it is still very not clear the direction that TSC will take in regards to the ruling that was given by Judge Byrum Ongaya.
