Fight for Better Terms for Intern Teachers.
In recent legal developments, the fate of nearly 60,000 intern teachers hired by the Teachers Service Commission (TSC) has been under scrutiny. While the Employment and Labour Relations Court (ELRC) previously deemed their contracts illegal, a recent court directive has maintained their employment terms, but with a grace period for potential changes.
The ELRC’s ruling on the interns’ contracts prompted discussions about the legality and fairness of their employment. However, Justice Byrum Ongaya’s recent directive has introduced a temporary status quo, allowing TSC time to seek higher court intervention or consider absorbing the interns under permanent terms.
The Kenya Junior Secondary School Teachers Association (KeJUSTA) has expressed uncertainty about the interpretation of this status quo and has advised its members against hasty judgments. Secretary General Daniel Murithi emphasized caution in understanding the legal nuances of the ruling.
TSC’s Efforts to Suspend Judgment and Key Legal Issues
Meanwhile, TSC’s efforts to suspend the judgment reflect their concerns about potential disruptions to their plans, including intern employment for the upcoming year. Justice Ongaya’s decision to maintain the status quo until August 1, 2024, underscores the complexity of the situation and the need for a balanced resolution.
Key issues highlighted in the legal proceedings include concerns about fair labor practices, qualifications of the interns, and the nature of their responsibilities. Justice Ongaya emphasized that TSC’s mandate is limited to employing qualified and registered teachers on permanent and pensionable terms, rather than on internship.
The intern program, initially aimed at addressing teacher shortages, especially in junior secondary schools, has faced challenges regarding its implementation and the interns’ roles. Complaints about workload, stipends, deductions, and lack of supervision have been raised, indicating broader issues within the program.
The case brought forward by the Forum for Good Governance and Human Rights on behalf of the interns sheds light on the complexities and shortcomings of the intern program. Allegations of inadequate supervision, mismatched teaching assignments, and financial discrepancies have surfaced, raising questions about the program’s efficacy and fairness.
One affected teacher, Oroso Oganga, detailed his experience, highlighting discrepancies between his contract terms and actual teaching responsibilities. Such testimonies underscore the need for clarity, fairness, and improved oversight within the intern program.
As discussions and legal proceedings continue, it’s crucial to prioritize the rights, qualifications, and working conditions of teachers, whether they are interns or permanent staff. Balancing the needs of education systems with fair labor practices remains a critical goal for all stakeholders involved.
Overall, the recent legal developments regarding intern teachers’ terms signify a pivotal moment for reassessing the intern program’s structure, responsibilities, and long-term outcomes.
Fight for Better Terms for Intern Teachers.
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