Tsc Knut Cba Agreement

In his application to the Court of Appeal, Knut criticized the Teachers Service Commission (TSC) for not revoking the agreement to withdraw all litigation before the courts as a condition for the negotiation and conclusion of the collective agreement (CBA). The code of conduct and the teachers` code of conduct are an integral part of this agreement. The Commission unilaterally suspended the CBA effective 1 July 2019 and refused to allow Knut members, who make up the majority of teachers, to use the agreement duly signed and registered in court, whose registration certificate was not revoked. In the event that provisions of the CBA should be amended after the signing of the agreement, this should be done by mutual agreement between the parties; written and signed by representatives of Knut and TSC. Any changes and/or changes to the CBA affecting compensation and benefits should be submitted to the CBC. This is what is written in the law, but the teachers` employer broke the procedure and decided to act as a lone forest ranger – and arbitrarily suspend the CBA. “Despite the above and despite the fact that the parties have in the meantime negotiated and concluded a CBA, it is now clear that the opponent of the first appeal (TSC) did not respect the agreement to withdraw this complaint with respect to the litigation and insisted on continuing with him, in the utmost bad faith and in total disregard of the President,” said Knut`s lawyer, John Mbaluto. “It is unacceptable and immoral for the opponent of the first resort to withdraw the withdrawal agreement,” he said, adding that the appeal should be quashed and that TSC should be ordered to pay the costs. This agreement is governed by Kenya`s laws. It is expected to remain in effect for four years from July 1, 2017. The agreement is expected to remain binding for both sides until negotiations and the signing of a new CBA. This should not be the case after TSC suspended the agreement and replaced it with GIC instruments that were not negotiated by TSC and Knut in accordance with the requirement of the Legal Instruments Act (2013) and approved by Parliament. (v) KNUT therefore calls on tSC to follow the necessary process at the opening of collective bargaining 2021/2023 without difficulty.

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