The Industrial Court took over the arbitration process after the government and the teachers’ unions failed to strike a deal.
However, the Teachers Service Commission (TSC) is challenging the jurisdiction of the Industrial Court to adjudicate over the pay dispute with teachers.
READ: Court to rule on challenge to its role in teachers pay row
In its petition, TSC claims that the court is infringing on the duties of the commission and that of the Salaries and Remuneration Commission (SRC) which are the only bodies mandated to determine salaries and pay structures of teachers.
Justice Nduma Nderi however emphasised that the court’s role in the matter did not prevent the parties in the dispute from discussing it and reaching an amicable solution.
“It is not like the court takes up the matter and tells you that now you cannot determine the salaries for your employees. If today TSC decides that they have a good offer to the teachers and makes their offer to the teachers today, it will be the end of the matter and the court will be more than happy to do that. So the court never takes the prerogative of the employer at any one time,” he stated.
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