Tutors medical plan deductions stopped

What you need to know:

  • The commission has been dragged in yet another tussle over the AON medical insurance scheme.

The Teachers Service Commission has been stopped from making deductions from the salaries of members of two unions for a medical insurance scheme.

The Kenya National Union of Teachers (Knut) and the Kenya Union of Special Needs Education Teachers (Kusnet) on Wednesday obtained orders after filing separate applications.

The commission has been dragged into yet another tussle over the AON medical insurance scheme.

“Conservatory orders are hereby issued restraining the commission or its servants from interfering with the claimants’ medical scheme,” said Justice Hellen Wasilwa of the Employment and Labour Relations Court.

The applications come a week after the Labour Court delivered a ruling stopping the commission from requiring the Kenya Union of Post Primary Education Teachers (Kuppet) to contribute to the scheme.

Justice Monica Mbaru held that the employer had violated the rights of Kuppet when it issued a directive to the union to contribute to the scheme though its members had not issued their consent.

The ruling means that Kuppet’s agreement with the National Hospital Insurance Fund will continue uninterrupted.

In the present application, Knut, through lawyer Hillary Sigei, has disowned the medical insurance deal.

The union said it is discriminatory because while some teachers are contributing to the scheme, others are not.

Further, the union said the circumstances that led to Knut’s approval have fundamentally changed.

The union said the scheme being implemented is not the one initially discussed, and which was communicated to its members.

On the other hand, Kusnet told the court it was not party to the negotiations between the commission and the insurer but deductions were still made last month.

“It is unlawful to deduct workers’ medical allowance without consent,” said Kusnet officials.

The union said that, being an affiliate of the Central Organisation of Trade Unions, they were only aware of the National Hospital Insurance Fund.

The applications will be heard on September 2 for further directions.