By Desmond Odhiambo
NAIROBI, Kenya, Oct 15 – A recent ruling by the Employment and Labour Relations Court of Kenya marks a significant milestone in the country’s employment landscape, particularly in the context of internships and the treatment of individuals and any worker who falls under this classification.
Now the Kenyan employment landscape must pay attention, because this landmark decision, which found the Teachers Service Commission (TSC) guilty of unfair and discriminatory practices by employing qualified teachers as interns, has far-reaching implications for employers across various sectors.
At its core, the ruling answers one fundamental question: Should interns be considered employees under Kenyan law, especially when they perform duties that align with their qualifications? The court’s answer was unequivocal.
It ruled that the practice of employing qualified teachers as interns violates their rights to fair labour practices and equal treatment—rights that are enshrined in Kenya’s Constitution and supported by various international conventions.
I find this ruling both timely and crucial in reinforcing the legal protections available to workers in our country. The court has reiterated a key legal principle: interns, particularly those performing full duties that align with their qualifications, should be regarded as employees. This decision aligns with the broader purpose of employment law, which is to safeguard workers’ rights and ensure fair treatment within...
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