You can't fire your househelp without prior notice- Court rules

Mumbi Mutuko

August 6, 2020 10:01 AM

Employer fined heavily for firing househelp without notice

You can't fire your househelp without prior notice- Court rules

It is illegal to just wake up one day and dismiss your house help without giving her a one-month notice of termination of her employment.

This was after a ruling made at the Employment and Labour Relations Court which termed it as unlawful to dismiss your househelp without prior notice.

Justice Nduma Nderi made the decision in a case in which a house help challenged her sacking by her employer after asking for a salary increment.

“It is unlawful to terminate the employment of a house help without giving her notice," Justice Nderi ruled.

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"It is also illegal and unfair labour practice to send a house help away without paying her any terminal benefits and not giving her certificate of service,” she continued.

Law

In the case, Moreen Muhani sued her employer Namuben Manji Bhinji for ending her contract without a valid reason.

The judge further awarded Muhani a total of Ksh270,964 for the unfair termination of her contract.

Muhani claimed that she was employed by Bhinji as a house girl in February 2015 with a monthly salary of Ksh3,000.

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After two years of working, Muhani said she approached her employer on December 30, 2016, and requested for a salary increment but Bhinji got annoyed, terminated the contract and sent her away the next day.

According to the judge, the law requires that you must give notice to your house help whenever you want to terminate their contract, pay them terminal benefits and give them a certificate of service when you part ways.

Mumbi Mutuko