“The career progression guidelines were introduced by TSC without consultation, which in essence replaced academic qualifications, thereby denying teachers promotion. These guidelines are not recognised and provided for in the code of regulations of teachers (Cort),” Knut said. TSC argued that it could not promote its employees based on academic papers only. “Promotions cannot be be based on higher qualifications only, as that criteria contravenes the CBA,” TSC said.It says the old approach to promotions ended when they signed the July 1, 2017 CBA. The teachers’ employer claimed the CBA automatically promoted many teachers, beyond the projected number.The mediation report, filed before Justice Maureen Onyango, says if TSC yields to Knut’s demand and reverts to the old scheme of promotion, positions of school administrators will be abolished and salary conversion tables changed, contrary to the new CBA matrix.
The report recommends that all promotions be based on the code of regulation, the CBA, TSC Act and mutual documents of agreement between the two parties. “Parties to constitute a joint committee within 30 days to consult and entrench criteria for promotions in line with their CBA, Cort and TSC Act to guide the exercise moving forward,” reads the report.The parties have also differed over transfer of teachers. Knut claimed a survey conducted last year in schools where teachers had been transferred revealed performance had declined.
