Justice Nduma Nderi of the Employment and Labour Relations Court declares that it’s illegal to just wake up and dismiss your house help without giving her a one-month notice of termination of her employment. He made the decision in a case which Moreen Muhani challenged her sacking by her employer because she had asked for a salary increment. The judge awarded her Sh270, 964 for the unexpected termination of her contract. According to the judge, employment law states that you must give an employee including your house help, a one-month notice before sacking them or in the alternative pay them the equivalent of a one month salary.
Miss Muhani claimed she was employed by Bhinji as a house help in February 2015 with a monthly salary of sh3, 000.After two years of working she approached her employer on December 30th 2016 & requested for a salary increment but instead of her employer listening to her she got her contract terminated and sent away the next day. She sued her employer & filed the case claiming that her job was terminated without notice for no valid reason and asked the court for compensation. Justice Nderi agreed to her claims and ruled that the termination of her employment was for no valid reason and that her employer did not follow a fair procedure in terminating her employment.
“The employer violated section 36, 41, 43 and 45 of the Employment Act 2007 and the claimant is entitled to compensation. I find that the house help did not contribute to the termination of her job. She was underpaid and victimized for asserting her right for salary increment, “ruled Nderi. He awarded Muhani sh206, 953 as compensation for the two years she was underpaid sh20, 107 as two months’ salary for the two years she worked without leave, further sh13, 473 for the public holidays worked without rest and sh10, 107 being the minimum one month salary she should have been paid instead of terminating her contract.
All employers have reason to worry if they have been employing and dismissing house helps at will. Its high time people start treating their house helps as normal employees and giving them the salary they deserve because these people do a lot of work and at times receive harsh treatment from their employers. Their rights state that they are entitled to one-month leave in a year and they should not work on public holidays & weekends. Also if you terminate their employment, you must give them a certificate of service and terminal benefits.Follow us in social media: