The move by TSC to implement the 2021-2025 Collective Bargaining Agreement detailing pay hikes for teachers has put Kuppet in a tight spot.....CLICK HERE TO READ THE FULL ARTICLE>>>
The delayed implementation of the CBA was one of the key cogs of the teachers’ strike after tutors called for its full implementation.
The government has released Sh13.5 Billion to ensure that teachers across all cadres get salary increments between Sh1,000 and Sh3,000.
This is as the Kenya Union of Post Primary Teachers fired a warning at the employer on Friday saying “teachers are not to be taken lightly’’, insisting that the strike by its members is on.
The union insisted on Friday that the strike is protected under the Constitution and the Labour Relations Act 2007, which guarantees workers the right to join, form, and participate in union activities.
“We followed the due process, and our strike is protected, therefore the strike is still on,’’ said Kuppet secretary general Akello Misori.
It has now emerged that the Teachers Service Commission could have pulled a first one on teachers unions after it moved to implement the CBA and backdated it to July.
Teachers have received their August salaries in full by Friday with arrears under the CBA backdated to July 1, leaving Kuppet between a rock and a hard place.
In another strategic move by TSC, the commission managed to convince the Kenya National Union of Teachers (Knut) to call off its strike notice.
Knut insisted that TSC had shown goodwill by effecting promotions of 51,232 teachers and agreed to implement phase II of their CBA.
After Knut suspended its strike notice, Kuppet kept digging in with officials paralysing learning in most public secondary schools as learners reported to schools on Monday.
This was seen as a major win for TSC as it managed to divide the teachers unions, with Knut members, primary school teachers, in schools delivering services.
Kuppet demanded that the CBA be implemented in full, teachers’ medical cover enhanced with additional benefits, teachers who have stagnated in job groups be promoted and JSS teachers employed on a permanent basis.
However, TSC’s move to also move to court on Tuesday jolted Kuppet’s plans for a protracted industrial action after the Labour and Industrial Court declared the strike illegal.
The orders reportedly caught Kuppet flatfooted with TSC insisting that the officials must comply with the order and call off the strike which entered its fifth day on Friday.
TSC on Thursday played hardball after it rejected a plea from Kuppet to enter into talks to resolve the outstanding issues instead of the court process.
In a letter addressed to the KUPPET Secretary Akelo Misori, the Commission maintained that the Union must first call off the strike in compliance with the court order issued on Tuesday calling off the strike
In the letter signed by Cavin Anyour, TSC Director of Legal, TSC urged the Union to call off the strike as the commission has already resolved all the grievances previously raised by the union.
“It is the Commission’s position that the Union complies with the order of the court and withdraw the ongoing industrial action to enable parties to continue with the bipartite negotiations on any unresolved grievances,” he said.
Anyour said the decision will give way for a fresh round of talks that will address any further challenges raised by the teachers union.
This was in response to Kuppet’s letter in which the union appeared to soften its stance against TSC, calling for an amicable solution to their issues with the employer.
Kuppet indicated in the letter dated August 29 that it was not willing to continue engaging the commission in a long-drawn face-off, particularly in light of the court’s pronouncement on the industrial action.
“In light of the fast-moving dynamic of the strike, particularly the proceedings instituted in court by the commission, we would wish to handle the matters with you to avoid any protracted battles,” the letter addressed to TSC CEO Nancy Macharia reads.
The development is a shift from the hardliner position Kuppet adopted on Wednesday and defied a court order to call off their strike.
However, on Friday, Kuppet called on its members to continue with the strike calling out TSC for allegedly seeking to silence the voice of union members.
Kuppet said TSC had shown bad faith by trivialising the strike and issues raised by teachers through court orders which Misori said have been misinterpreted.
“We will not negotiate out of fear. TSC must understand that this is not a trivial matter The TSC reached out to us informally seeking assurance of our seriousness, which is why we formally wrote a letter and sought a meeting. However, it became clear to us that their intent was to blackmail us,” Misori said.
The labour court had on Tuesday declared the strike illegal.
“Pending hearing and determination of the application inter parties, an order of temporary injunction is granted to the petitioner, restraining the respondent, its officials, members and employees from withdrawing labour or participating in industrial action,” Justice James Rika said.
He set the mention date for the matter on September 5, 2024.
Misori on Wednesday acknowledged receipt of the court order saying they had retreated to seek an interpretation of the same with their lawyers.
“Pending that interpretation, our message to members is that the strike is on. We will address all issues concerning the strike only through a return-to-work formula,” Misori said…CONTINUE READING>>
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