RE: RESOLUTIONS OF THE COMMITTEE REGARDING STATEMENT BY HON. PETER KALUMA, MP, ON INTERDICTION AND DISMISSAL OF TEACHERS
The Departmental Committee on Education and Research is established under Standing Order 216 and mandated to among other things to investigate, inquire into, and report on all matters relating to the mandate, management, activities, administration, operations and estimates of the assigned Ministries and Departments.
As you are aware the matter regarding interdiction of teachers for interrupting/boycotting training programmes on the Competency Based Curriculum in April 2019 was referred to the Committee by the House for interrogation and conclusive settlement of the matter and reporting back to the House.
The Committee has extensively deliberated on the matter. Taking cognizant of the powers and mandate of the Teachers Service Commission as provided for in Article 237(2) of the Constitution, the Teachers Service Commission Act. No 20 of 2012, the Code of Regulations for Teachers and other legal instruments guiding the Commission in the management and administration of the function of discipline of teachers in the teaching service, the Committee recommends the following:
1. The Teachers Service Commission should expedite the hearing and determination of the appeal case involving the forty(40) teachers dismissed and conclude by 21 August, 2020:
2. Because of the circumstances of the dismissal of the teachers, the Teachers Service Commission considers revoking the disciplinary action against the affected teachers and reinstating them to their respective designations prior to their dismissal as they were only expressing their Unions’ concerns on the training;
3. The Teachers Service Commission considers remitting unpaid salaries of the deceased teachers which they would have earned during the period of dismissal and before their death; and the full terminal dues to their respective beneficiaries or legal representatives.
This is because the deceased teachers were deemed to be on employment under the Commission before conclusion of their cases;
4. The Teachers Service Commission engages the Teachers Unions candidly, openly and in good faith to resolve the contentious issues between the Commission and the Unions including the Unions concerns on training of teachers on the Competency Based Curriculum (CBC), implementation of the Collective Bargaining Agreement for 2017-2021 compliance to Career Progression Guidelines and Teacher Progression Development and remittance of Union dues amongst other matters;
5. The Teachers Unions and the Teachers Service Commission endeavour to promote sound labour relations for harmonious industrial relations; and orderly and expeditious dispute settlement.
This is therefore to request the Commission to implement the Committee recommendations on the settlement of the matter as soon as practical and in accordance with the law.
SERAH M. KIOKO
for CLERK OF THE NATIONAL ASSEMBLY
This letter is dated July 2, 2020 and since the time it was forwarded to TSC for action a lot has happened. This week TSC has reinstated 21 of the 40 Knut dismissed CBC teachers. However 19 of them are yet to be reinstated to the register of teachers.