Why Ruling On Teachers Internship Program Has Been Put On Hold
The court ruling on the illegality of TSC internship program for teachers has been put on old.
The largest employer in the nation, Teachers Service Commission (TSC), has been granted a stay of execution over the application of the Employment and Labour Relations Court’s decision that it is unlawful to hire certified teachers as interns.
The verdict effectively meant that the bulk of JSS’s intern teachers would become permanent employees with pensions and receive payment for any unpaid wages throughout their employment.
As things stand, though, they will carry out their duties in accordance with the internship agreements they signed earlier in the year until the commission’s appeal is considered and decided.
Justice Byram Ongaya granted stay orders Wednesday, certifying the TSC’s application as urgent and rescheduling the inter-parties hearing for May 2, 2024.
Why Ruling On Teachers Internship Program Has Been Put On Hold
Judge Ongaya issued an order saying, “Parties are encouraged to compromise the application as may be just pending the return date and with a view to recording a consent as appropriate.”
“The status quo of the judgment herein on April 17, 2024 and with respect to the contracts between the applicant and persons the applicant calls “individual teacher interns” said to have been employed by the applicant pursuant to the Circular TSC/DS/RECRUIT/ADVERT/18A/VOL.II dated January 4, 2023, shall obtain, as the implementation or impact of order (a) is stayed in that respect, accordingly,” the Judge continued, pending the inter-parties hearing or further orders from the Court.
Why Ruling On Teachers Internship Program Has Been Put On Hold
TSC filed a motion in court yesterday to stay Justice Ongaya’s April 17, 2024, judgment, decision, and decree until the outcome of the hearing and the conclusion of the expected appeal.
The TSC contends in a notice of motion dated April 19, 2024, that if the decision is fully executed, learning in public schools—which is scheduled to start on April 29, 2024—will be paralyzed, particularly in Junior Secondary School (JSS).
The commission submitted the move through its attorney, Allan Sitima. The commission further claimed that because the 46,000 interns were not authorized by the National Assembly in the current Financial Appropriations Act, it lacks the financial means to enable compliance with the ruling requiring their conversion to permanent and pensionable terms.
Why Ruling On Teachers Internship Program Has Been Put On Hold
In a ruling released on April 17, 2024, the ELRC stated that TSC had violated the constitution’s provisions by hiring and employing suitably qualified teachers as interns, as well as by failing to follow fair labor practices and pay fairness for those teachers.
