The Teachers Service Commission (TSC) is on the spot for failing to obey court orders issued by the industrial court sitting in Nakuru nearly four months ago.
TSC boss Gabriel Lengoibon now risks civil jail for defying orders issued by Justice Byrum Ongaya on June 13, 2014 directing the teachers’ employer to reinstate and pay Sh1.3 million to a secondary school teacher for wrongful dismissal.
The court barred TSC from sacking Thomas Onyango and ordered that he be redeployed to Mama Ngina Kenyatta secondary school immediately.
“The court hereby orders the respondent to pay the claimant Sh1,389,539 together with salaries and allowances from June 1, 2013 to April 28,2014 when he resumed duty by a court order,” stated part of the orders.
In the judgement, the court further directed that Onyango be reinstated with full pay and benefits entitled to him and restrained TSC through its agents or employees from harassing, intimidating or unduly interrupting the services of the claimant.
The judgement directing TSC to pay the damages was made after the court found that the teachers’ employer erred in law by terminating Onyango’s services without complying with the labour laws.
“The court finds that due process was not followed in terminating services of the claimant, his employer ought to have allowed him fair hearing before dismissal,” said Ongaya during the judgement.
The former Mathematics/Biology teacher had moved to court on November last year after he was dismissed on grounds of non-compliance of an order by TSC directing him to report to a new station of work within Laikipia County.
Onyango filed a suit in court seeking to have his employer compelled to pay him damages for the wrongful dismissal and accumulated allowances during the period he was relieved of services.
In his suit, he claimed that he was not issued with any letter or notice for impending termination of his services and that he was denied fair hearing before being dismissed.
Through his lawyer, he argued that the rude dismissal caused him and his family unwarranted physical and psychological suffering.
He revealed in court that he had been a victim of numerous transfers which were followed by his subsequent dismissal.