Former Teacher Sues TSC For Overtime Accruing To Over Ksh18 Million
Retired teacher Ephraim Mwangi Gachigua has taken legal action against his former employer, the Teachers Service Commission (TSC), on multiple grounds, including substantial unpaid overtime and off-duty allowances totaling Ksh18 million.
One of his main contentions is the absence of a clear definition of a teacher’s working hours, which, he argues, has led to his loss of a significant amount during his teaching career. Gachigua maintains that a teacher’s standard working week consists of 45 hours, spread across eight hours per day from Monday to Friday and five hours on Saturday.
Based on this, he is seeking the Ksh18 million as cumulative compensation for the period, citing violations of his rights as outlined in the Employment Act.
Another essential aspect of his legal action is the demand that the TSC provide a 30-day notice before relocating any teacher. He deems it unconstitutional to require teachers to relocate abruptly without considering their well-being and the impact on their families.
Gachigua has shared his personal experiences, including an abrupt transfer during his time as a principal at Kanyama Secondary School in Mathira in 2000. He views such transfers as unconstitutional and notes that they were repeated in 2013 when he was demoted and placed as a classroom teacher at Rugathi Secondary School.
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Subsequently, he opted for a study leave and was eventually posted to Thogoto Teachers College in 2018, where he decided to retire after one year due to what he perceives as persecution by the TSC.
A significant argument presented by Gachigua concerns the discrepancy in compensation for extra hours worked compared to other professions. He attributes this to the lack of explicitly defined working hours in appointment letters and underscores the necessity for a comprehensive review of employment regulations.
Gachigua has invoked Section 27 of the Employment Act, which mandates specific working hours for employees and at least one day of rest in a seven-day work week. He maintains that the TSC has neglected this provision for an extended period and is motivated by a desire to bring positive change to the teaching profession, allowing teachers to enjoy their careers as other professionals do.
Former Teacher Sues TSC For Overtime Accruing To Over Ksh18 Million
