Court Suspends Show- Cause Letters Given To JSS Interns by TSC

Court Suspends Show- Cause Letters Given To JSS Interns by TSC.

Court Suspends Show- Cause Letters Given To JSS Interns by TSC: The Employment and Labour Relations Court has suspended the show-cause letters sent to protesting Junior Secondary School intern teachers by the Teachers Service Commission. 

According to Justice Byram Ongaya, show-cause letters are only issued to individuals employed under permanent and pensionable terms.

Part of The petition read”… an Order do issue suspending, invalidating all show -cause letters issued to any, and or all the teachers engaged as interns by the 1st Respondent (TSC),”

The Justice further ruled that procedures for instituting disciplinary measures come from terms and conditions of service, which are only available for employees, contracted in accordance with the Employment Act

The statement read, “It is so provided under Section 12 of the Employment Act that the TSC code of regulations would only be available to the teachers who have been employed in accordance with the Constitution and TSC Act.”

In his ruling, the Judge highlighted that Article 237(2) of the Constitution, provides that TSC can register, recruit and employ, adding that the construction of the said provisions did not include the engagement of teachers as interns.

TSC had sent out a letter to regional directors of education a week prior seeking information on the number of intern teachers who have been missing classes due to the protests.

“It is noted with a lot of concern that you breached the provisions of TSC Act Schedule Clause (b) in that you engaged in professional misconduct by being absent from duty,” the letter reads in part.