Why TSC will not pay teachers September salaries
04 December 2015, 13:02
Nairobi - The Teachers Service Commision TSC has stated that it is opposed to paying teachers salaries for September. Why?
The TSC has gone to court seeking to stop the move by the government ordering them to pay teachers their salaries which have been held back as they were on strike for 5 weeks protesting the lack of payment of a 50/60% pay increase.
According to chairlady Lydia Nzomo the move by the government is unconstitutional as the TSC is an independent body.
She also says that they have legitimate reasons not to pay teachers their dues.
1. A public officer shall not spend public money unless authorised by the Constitution. This according to Nzomo means that the TSC is bound not to pay teachers unless they get serious counsel to do so.
2. An employer is not obliged to remunerate an employee for services not rendered. The TSC argues that teachers cannot ask to be paid for a period where they were not in office.
3. The judgement of a court cannot not direct any person to commit an offence. The TSC says that the court orders which teachers used as basis for their 5 week strike does not hold in law and that teachers carried out an illegal action by downing their tools.
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