Teachers to wait much longer for September salaries
The directive to pay more than 240,000 teachers who were on strike their September salary has been challenged in court.
The Teachers Service Commission told the Court of Appeal on Friday that Labour Court Judge Nelson Abuodha was wrong in directing that the teachers should not be penalised.
The commission’s lawyer, Mr Geoffrey Obura, said Justice Abuodha should not have issued the orders because another judge, Justice Monica Mbaru, had ruled that the Kenya National Union of Teachers and Kuppet were in an unprotected strike.
Justice Abuodha had directed that the striking teachers be paid their full salaries for the period they were on strike from September 1.
The commission argues that labour laws allow an employer to deduct wages for the period an employee is on strike.
About 42,000 teachers, mostly headteachers, their deputies and senior teachers, who did not take part in the strike, were paid their September salaries.
Lawyer Obura said the 50-60 per cent pay award, was challenged and a decision will be delivered by the five judge bench of the Court of Appeal on November 6.
Recently, the two teachers unions called on TSC to pay the teachers their September salary as had been directed by the Labour Court.