TSC ordered to pay the teacher Ksh 200,000 for illegally withdrawing health insurance.
TSC ordered to pay the teacher Ksh 200,000 for illegally withdrawing health insurance.
A teacher in Kisumu has been awarded Ksh200,000 in damages after the court found that the Teachers Service Commission (TSC) unlawfully withdrew his health insurance during a disciplinary process.
The ruling was issued by the Employment and Labour Relations Court (ELRC) in Kisumu in a case brought by the teacher against the TSC and seven others, including the Commission on Administrative Justice (CAJ).
The teacher had claimed workplace insecurity, wrongful interdiction by TSC, discrimination, defamation, and conspiracy by TSC.
TSC had dismissed the teacher for neglecting his duty. At the time of the action, TSC allegedly had his health insurance and salary withdrawn.
The court acknowledged that the commission had the authority to discipline the teacher for the offences. At the same time, the court found procedural irregularities that led to the disciplinary action.
The commission instituted a disciplinary panel that proposed the actions taken against the teacher. However, the court found the panel was improperly constituted and lacked a commission member as chairperson as required under the code of regulations for teachers.
Following this discovery, the suspension of the teacher and the entire proceeding that resulted from it were declared null and inappropriate.
The court also found that deregistering the teacher from a medical scheme during the disciplinary period was irregular, unfair, and unlawful.
The court found that the withdrawal of medical benefits denied him access to healthcare and violated his right to human dignity.
The court declared that the failure to remit medical insurance deductions during the period was unlawful. On that basis, the court awarded the teacher Ksh200,000 in general damages against the Teachers Service Commission.
However, other claims by the teacher, including allegations of defamation, discrimination, conspiracy, and institutional collusion, were dismissed for lack of evidence.
The court also ruled that no salary was payable during the interdiction period, when the teacher did not perform any work, in accordance with established employment principles.
However, the case against CAJ, which accused it of failing to investigate the teacher’s complaints, was dismissed after the court found that CAJ had properly discharged its mandate.
TSC ordered to pay the teacher Ksh 200,000 for illegally withdrawing health insurance.
