Breaking: Blow for teachers as Court of Appeal tears down 50/60% payrise
06 November 2015, 14:31
Nairobi - The Court of Appeal has torn apart the 50/60% payrise handed to teachers by the Labour Court, saying that there should have been consideration of the role of the Salaries and Remuneration Commision SRC.
The ruling of Judge Nduma Nderi of the Labour court has thus been rendered null and void.
" The Salaries and Remuneration Commision SRC should have been consulted. The Teachers Service Commision TSC should also be the only body allowed to conduct job evaluations," a ruling by all 5 Judges on the bench read in finality.
Justice James Odek stated that it would be unconstitutional to make such a move to award teachers without asking advice from the SRC.
Justice Pjilomena Mwilu said that the move was unconstitutional and lacking in legal basis while Justice Festus Azaghala was also of the opinion that the Labour Court erred in handing the increase without asking for advice.
The move is a bitter blow for teachers who had taken a 5 week strike protesting the move by the government not to pay the payrise.
They eventually went back to class as the Industrial Court urged them to take a 90 day break to hold negotiations with the TSC.
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