Retired Principal Sues TSC for Not Defining Teachers’ Working Hours

TSC turns out to be indebted to an ex-principal

Mr. Ephraim Mwangi Gachigua is the individual that has now earned the term ‘the man with guts’ after suing his former employer, which is the Teachers Service Commission (TSC) regarding several issues.

His petition includes; the court ordering the TSC to spell out the number of working hours that a teacher is supposed to work per week. He argues that the TSC owes teachers millions of shillings due to unpaid overtime hours together with off-duty allowances.

Mr. Gachigua states that the regular working hours are 45 per week, interpreting to eight hours as from Monday to Friday and five hours on Saturday. Due to this, he feels that he deserves compensation which is in the form of Ksh 18 million from his former employer for violation of his rights as stipulated under the Employment Act.

Effects of Abrupt Transfers on Teachers

Also, Mr. Gachigua wants the TSC to be obliged into issuing a 30days’ notice before transferring any teacher. He contends that it is unconstitutional to move teachers under duress without considering their health status and the fact that it affects their families.

Consequently. Mr. Gachigua goes ahead to narrate his experience as a principal at Kanyama Secondary School in Mathira back in 2000 when he was brusquely transferred to Kihome Secondary School in Othaya which he deems unconstitutional.

The same thing happened in 2013, whereby he was again abruptly demoted and posted as an ordinary teacher at Rugathi Secondary School. However, he declined and instead took a study leave before he was posted at Thogoto Teachers College in 2018.

He adds that it is while at Thogoto TTC that he decided to retire after one year due to what he calls ‘persecution by the TSC.’

Is The Teaching Profession a Form of Slavery?

However, Mr. Gachigua finds it rather unfair that employees from other professions receive disbursement for extra hours worked while teachers do not.

“This is basically due to lacuna where no stated hours are enumerated in teachers’ appointment letters,” Mr. Gachigua says in his suit.

He thus reasons that this has brought out a strain in the teaching profession as the majority of the teachers are not even aware of their rights in respect to working hours, therefore, the need to review employment regulations.

Mr. Gachigua thus cites Section 27 of the Employment Act which stipulates working hours for any employee. The Act also obliges every employer to ensure that their employees have at least one day of rest for the seven days worked, which has not been the case for teachers. TSC has thus dishonored this for many years. He concludes that he is only doing this to bring positive change in the teaching profession and for teachers to enjoy their career just like other professionals.