Salary ruling flawed, says TSC

The Teachers Service Commission has claimed it was short-changed by the High Court when a case it filed to challenge the teachers’ strike in January was converted into an economic dispute.

Commission lawyers told the Supreme Court on Thursday the order on June 30, to increase teachers’ basic salaries by 50 and 60 per cent over four-years, should be nullified because the judge failed to follow the law.

Lawyer Fred Ngatia said Justice Nduma Nderi of the labour court erred when he converted the case into an economic dispute.

“The law provides that where an economic dispute arises between employer and employees, the court should refer it to a conciliator. However in this case, the judge appointed himself the conciliator,” he said.

He also told judges Willy Mutunga, Kalpana Rawal, Jackton Ojwang, Mohamed Ibrahim and Smokin Wanjala that the labour court violated the Constitution by failing to recognise that public servants’ pay is regulated by the salaries commission.

The commission had appealed against the ruling by Justice Nderi, but the Court of Appeal directed that the teachers be paid from August 1 until an appeal the commission is determined.

Court of Appeal judges Mohammed Warsame, Sankale ole Kantai and Jamila Mohammed had ruled that should the government not pay, the appeal before them would automatically collapse.               

That’s why the commission went to the Supreme Court pleading that they should not pay until their case before the Court of Appeal is concluded.

The commission argues that more than Sh17 billion will immediately be required to pay salaries but it does not have the money.

The Supreme Court will give its ruling on August 24.

Reference : www.nation.co.ke