KNUT/TSC/14/26/2011 June 24th, 2013 Mr. Gabriel K. Lengoiboni, Commission Secretary, Teachers’ Service Commission, Private bag NAIROBI. Dear Gabriel, RE: RE-INSTATEMENT NOTICE OF INDUSTRIAL ACTION: THE NON IMPLEMENTATION OF TEACHERS ALLOWANCES IN LINE WITH LEGAL NOTICE NO. 534 OF 1997 We write to reinstate our declaration of a trade dispute on the recurrent issue of “THE NON IMPLEMENTATION OF TEACHERS ALLOWANCES IN LINE WITH L.N NO. 534 OF 1997” and your insistence on legitimacy of L.N. No.16 of 2003. On February 14th, 2013, the Union issued a seven (7) days strike notice, calling its members to strike as from 21st February 2013. Due to the efforts of the Ministry Of Education an agreement was reached on 17th February 2013 and an agreement was signed and the union in the spirit of amicability suspended the strike in accordance with condition four (4) of the agreement. We observe with concern that to date, the commission, has refused, ignored and neglected to sign the agreement. A copy of the agreement is hereto annexed for your reference and marked MA 4. Thereafter, on 20th February 2013, the commission and the KNUT commenced conciliatory meetings under Section 69 of the Labor Relations Act 2007. In spite of all our attempts to persuade the commission to sign the agreement to pave way for an amicable solution, the commission remained intransigent, leaving the conciliator with no other option but to issue a certificate of disagreement on 7th March 2013. A copy is herewith attached for your ease of reference marked CID 5. We wish to remind the commission that on 24th September 2012 the KNUT and the Commission agreed that “Legal Notice No. 16 of 2003 is currently under the Parliamentary select committee on delegated legislation. The union and the employer shall respect the ruling.” Thereafter, the Union held its 55th ADC, where delegates resolved and directed that the Union’s leadership “shall pursue the full reinstatement of L.N No. 534 of 1997 to its logical conclusion, and should need arise a trade dispute be declared”. On 23rd January 2013, the KNUT received the report of the PSC on delegated legislation on L.N 16 of 2003, which was favorable to the teachers; in fact it was declared therein that L.N No 16 was null and void (a copy of the PSC report is attached and marked PSC 3). The Union has pleaded with the commission for immediate implementation of teachers’ allowances in line with L.N 534 of 1997 and thus:- (a) Automatic house allowance at fifty percent (50%) of basic salary. (b) Medical allowance at twenty percent (20%) of basic. (c) Commuter allowance which stands lower than provisions of L.N No. 534 of 1997 be harmonized with civil service. TSC has consistently declined our requests and continued to insist on the legitimacy of Legal Notice No. 16 of 2003. Attached is a copy of the KNUT/ TSC task force report that indicates the amounts in dispute marked TCR 7. KNUT therefore DECLARES that the Suspended Notice issued on the 14th of February 2013 is hereby REINSTATED WITH IMMEDIATE EFFECT; and that the balance of time to expiry of Notice is twelve hours (12) commencing June 24th, 2013 at noon; the notice will therefore expire at midnight today. PLEASE TAKE FURTHER NOTICE that if no solution will have been found at the expiry of this notice, all teachers will commence Industrial Action in accordance with Labour Relations Act 2007 Section 76. Be advised accordingly. Yours at Service, (XAVIER NYAMU) SECRETARY GENERAL KNUT. C.C: The Cabinet Secretary, Ministry of Education, Science and Technology, Jogoo house, NAIROBI. The Secretary to the Cabinet, Office of the President, NAIROBI. The Principal Secretary Ministry of Education, Jogoo House, NAIROBI. The Cabinet Secretary, Ministry of Labour, NSSF House, NAIROBI. The Principal Secretary, Ministry of labour, NSSF House, NAIROBI. The National Chairman, KNUT Head Office. The National Treasurer, KNUT Head Office, All NEC Members, All KNUT Executive Secretaries, All KNUT Branch Chairmen, All KNUT Branch Treasurers.
Posted on: Tue, 25 Jun 2013 08:09:19 +0000
Trending Topics
Recently Viewed Topics
© 2015