The Employment and Labour Relations Court has ordered the Teachers Service Commission to pay over Sh8 million to a high school teacher who was unjustifiably suspended from work and denied payment for more than a year.
Employment and Labour Court Judge, Justice Onesmus Makau ordered the TSC to pay Jane Wangare the amount of Sh6,099,418 after finding that Jane a former principal of the Laikipia Garrison Secondary School was illegally dismissed.
The Judge declared Jane’s unclear suspension unfair and null and, therefore required to be reinstated to her previous position as a principal.
She will be paid a total of Sh3,665, 990 which is what she had asked for, as her salary and benefits including annual salary increment irregularly recovered and withheld for the period she was on interdiction and suspension from September 2020 up to December 2021.
However,the Judge noted that the amount ought to have been Sh3,796,216, maintaining that he would award what was sought by the teacher.
She will also be paid for outstanding irregular recoveries of Sh321,370.50 which has since been recovered as per the pay slips and Sh2 million for exemplary damages for mental anguish, torture, inhumane treatment and embarrassment.
In addition, the court ordered TSC to pay Jane a one-month salary of Sh112,058 as compensation for her disturbance allowance on transfer.
As per the court directions,TSC will also refund her the amount she incurred seeking justice in court.
The teacher had told the court during the hearings that her daughter had discontinued her undergraduate studies at the Technical University of Kenya owing to financial challenges and sought relief from the court.
