TSC Union Deductions Backed by Labour Laws, Parliament Rules as KUSNET Petition Fails.
A recent decision by the National Assembly Committee on Public Petitions has dismissed a request from special needs education teachers seeking to stop what they described as unauthorized union deductions.
These teachers wanted the Teachers Service Commission (TSC) compelled to halt deductions to the Kenya Union of Special Needs Education Teachers (KUSNET), which they claimed they were forced into joining.
The petition was formally presented by Mr. Edwin Juma, the national chairperson of special needs education teachers, on behalf of the affected educators. He argued that the teachers had never consented to membership in KUSNET and were unaware of the union’s operations. They further requested to be granted the freedom to choose a union of their preference without being directed toward a specific one.
The teachers explained that union dues or agency fees were being deducted from their salaries by the TSC in favour of KUSNET without their authorisation. According to them, these deductions continued despite legal efforts to stop them. They expressed dissatisfaction with the union, citing the absence of grassroots representation, regional offices, annual general meetings, and elections.
Teachers across the board are typically subjected to a two percent deduction of their basic salary, which is then forwarded to their respective unions. In this case, the teachers insisted that the deductions to KUSNET were imposed on them without their voluntary consent. One teacher noted that they first realised they were being deducted only after noticing a reduced net salary, which raised alarm.
However, the parliamentary committee rejected these claims, stating that all deductions were lawful and properly authorised through the TSC’s T-Pay platform. The system, according to the committee, allows teachers to initiate, manage, or stop union and third-party deductions at will by logging into the platform and making the necessary adjustments.
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The committee explained that teachers joined KUSNET voluntarily by using the T-Pay system to approve union dues deductions from their payslips. The committee emphasised that TSC had not forced any teacher to affiliate with KUSNET or any other union.
In its defence, the TSC informed the committee that it acts in accordance with section 4(1) of the Labour Relations Act, which gives teachers the right to freely join unions of their choosing. The commission reiterated that it had developed the T-Pay platform to give teachers full control over their deductions, including the option to leave a union by simply halting deductions online.
The commission, chaired by Vihiga MP Ernest Kagesi, maintained that all union memberships, including those in KUSNET, were voluntary. They affirmed that teachers who claimed to be unaware of KUSNET had in fact approved the deductions themselves.
In a final ruling, the committee stated that deductions in favour of KUSNET were conducted in compliance with section 49 of the Labour Relations Act.
They added that since teachers benefit from the Collective Bargaining Agreement (CBA) negotiated by KUSNET, they are not entitled to refunds. The committee also dismissed demands to compel the TSC to allow membership in alternative unions, stating that the commission had not violated any law by recognising specific unions for various teacher categories.
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Despite the rejection of the petition, the case has brought attention to the importance of teacher awareness regarding union affiliations and salary deductions. The TSC’s digital T-Pay platform, which empowers teachers to manage their own deductions, stands out as a valuable tool for promoting financial transparency and autonomy.
One teacher who was initially concerned about deductions remarked that after using T-Pay, they felt more in control of their finances and better informed about their union membership. Another added that it was reassuring to know there is a system in place that allows changes without bureaucracy. This development is expected to foster a more informed and empowered teaching workforce moving forward.
TSC Union Deductions Backed by Labour Laws, Parliament Rules as KUSNET Petition Fails.