SUBJECT: PENSIONS FOR TEACHERS DISMISSED FROM EMPLOYMENT
The Employment and Labour Relations Court has given guidance that any legal provision that requires persons dismissed from service to forfeit claims to pension is unconstitutional as it contravenes the clear provisions of Articles 41(1) and 2(b) of the Constitution on fair labour practices and working conditions, Article 40 on the protection of the right to property and Article 43(1)(e) on the right to social security.
Following the judgement, all public servants’ including teachers who were dismissed from employment before they statutory retirement age have the right to their terminal benefits including pensions and/or gratuity. It has, however, come to the union’s attention that some affected teachers who have pursued such benefits were turned back by the TSC.
In order to safeguard the teachers’ social security rights, the union wishes to inform all teachers who were dismissed to apply for their pension, with copies served on the union. By this memo, you are instructed to mobilise any such teachers from your branch to make the applications, which should be in the format below: