House-help awarded Sh279,000 for unlawful dismissal by her employer
You will now need to give your house-help one-month notice before you terminate their services. This after the Employment and Labour Relations Court made it unlawful to dismiss a house-help without a one-month notice.
The ruling was issued in a case where one Maureen Munahi, who used to earn a monthly salary of Sh3,000 as a house-help, was awarded Sh279,964 in compensation for unlawful termination by her employer.
Munahi had moved to court to challenge the decision by her employer to terminate her services without notice. She told the court that her employer’s decision to terminate her employment was unlawful and unfair.
Munahi, who was employed in Eldoret, was seeking her terminal benefits, including unpaid leave days and unpaid public holiday.
According to Munahi, she was terminated from work on December 30, 2016, after she requested for a salary increment.
Justice Nduma Nderi ruled that there was no valid reason to terminate the complainant’s services.
TERMINAL BENEFITS
Further, Justice Nderi stated that Muhani’s employer did not follow a fair procedure in terminating her services.
“The claimant was underpaid and was victimised for asserting her right for salary increment,” the court ruled.
The judge further ruled that the house-help was not paid her terminal benefits.
The judge cited employment laws which state that all employees, including house-helps, are entitled to a one-month notice before the termination of their services or an alternative one-month salary.