Firing Your House Help Without Warning Will Send You To Jail

By Soko Directory Team / August 5, 2020 | 12:48 pm




By Nsunjo Erica

According to the principal Judge of the Employment and Labour Relations Court Justice Nduma Nderi, it is illegal to dismiss your house help without giving her a warning notice of termination of employment.

“It is unlawful to terminate the employment of a house help without giving her notice. It is also illegal and unfair labor practice to send a house help away without paying her any terminal benefits and not giving her certificate of service,” ruled Nderi.

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

According to Justice Nduma Nderi, the government set the minimum wage for house helps at Ksh 10,000. The law also requires employers to enroll them in NSSF and NHIF schemes.

Additionally, according to the Employment Act 2007, employers should award certificates of service to their house to help upon lawful dismissal.

The Principal Judge of the Employment and Labour Relations Court Justice Nduma Nderi also ruled that house helps deserve to be paid for work done during public holidays and weekends because it’s meant for resting.

Judge Justice Nduma Nderi On Moreen Muhani’s Case.

Moreen Muhani is a Kenyan citizen who has been working as a house help for Namuben Manji Bhinji for two years. Muhani said she was fired for approaching her employer on December 30, 2016, and requested for a salary raise.

The depressed lady added that she felt the need to sue her employer Namuben Manji Bhinji for terminating her contract without a valid reason or any form of warning.

According to Muhani, she was employed by Bhinji as a house girl in February 2015 with a monthly salary of Sh3, 000. However, after working tirelessly even on public holidays, she decided to request for a raise.

Sadly, Moreen’s employer Namuben Manji Bhinji decided to fire her off despite her two years of good work and conduct, the matter was later dragged to court.

The Principal Judge of the Employment and Labour Relations Court Justice Nduma Nderi ordered Moreen Mutani’s employer to pay her, Ksh 270,964 as a fine after he fired her without cause or notice.

Justice Nderi made the decision in a case in which a house help challenged her sacking by her employer for asking a salary increment. The judge awarded her a total of Sh270, 964 for the unfair termination of her contract.

According to Justice Nderi, Moreen’s employer violated sections 36, 41, 43, and 45 of the Employment Act 2007 and the claimant is entitled to compensation.

“I find that the house girl did not contribute to the termination of her job. She was underpaid and was victimized for asserting her right for salary increment,” ruled Nderi.

He awarded Muhani Sh206, 953 as compensation for the two years she was underpaid, adding that the house girl was entitled to one month leave every year worked

The judge additionally awarded Moreen Sh20, 107 as two months’ salary for the two years she worked without going on leave.

The judge further awarded her Sh13,473 for the public holidays worked without rest and Sh10,107 being the minimum one-month salary she should have been paid in lieu of notice to terminate her contract.

In total, Justice Nderi ordered Bhinji to pay her former house girl Sh270, 964 including interest from the time of judgment and to provide Muhanji with a certificate of service within 30 days.





About Soko Directory Team

Soko Directory is a Financial and Markets digital portal that tracks brands, listed firms on the NSE, SMEs and trend setters in the markets eco-system.Find us on Facebook: facebook.com/SokoDirectory and on Twitter: twitter.com/SokoDirectory

View other posts by Soko Directory Team


More Articles From This Author







Trending Stories










Other Related Articles










SOKO DIRECTORY & FINANCIAL GUIDE



ARCHIVES

2020
  • January 2020 (272)
  • February 2020 (310)
  • March 2020 (390)
  • April 2020 (321)
  • May 2020 (335)
  • June 2020 (327)
  • July 2020 (334)
  • August 2020 (276)
  • September 2020 (207)
  • 2019
  • January 2019 (253)
  • February 2019 (216)
  • March 2019 (285)
  • April 2019 (254)
  • May 2019 (272)
  • June 2019 (251)
  • July 2019 (338)
  • August 2019 (293)
  • September 2019 (306)
  • October 2019 (313)
  • November 2019 (362)
  • December 2019 (319)
  • 2018
  • January 2018 (291)
  • February 2018 (213)
  • March 2018 (278)
  • April 2018 (225)
  • May 2018 (238)
  • June 2018 (178)
  • July 2018 (256)
  • August 2018 (249)
  • September 2018 (256)
  • October 2018 (287)
  • November 2018 (284)
  • December 2018 (185)
  • 2017
  • January 2017 (183)
  • February 2017 (194)
  • March 2017 (207)
  • April 2017 (104)
  • May 2017 (169)
  • June 2017 (205)
  • July 2017 (190)
  • August 2017 (195)
  • September 2017 (186)
  • October 2017 (235)
  • November 2017 (253)
  • December 2017 (266)
  • 2016
  • January 2016 (165)
  • February 2016 (165)
  • March 2016 (190)
  • April 2016 (143)
  • May 2016 (245)
  • June 2016 (182)
  • July 2016 (271)
  • August 2016 (248)
  • September 2016 (234)
  • October 2016 (191)
  • November 2016 (243)
  • December 2016 (153)
  • 2015
  • January 2015 (1)
  • February 2015 (4)
  • March 2015 (166)
  • April 2015 (108)
  • May 2015 (116)
  • June 2015 (120)
  • July 2015 (148)
  • August 2015 (157)
  • September 2015 (188)
  • October 2015 (169)
  • November 2015 (173)
  • December 2015 (207)
  • 2014
  • March 2014 (2)
  • 2013
  • March 2013 (10)
  • June 2013 (1)
  • 2012
  • March 2012 (7)
  • April 2012 (15)
  • May 2012 (1)
  • July 2012 (1)
  • August 2012 (4)
  • October 2012 (2)
  • November 2012 (2)
  • December 2012 (1)
  • 2011
    2010
    2009
    2008
    2007
    2006
    2005
    2004
    2003
    2002
    2001
    2000
    1999
    1998
    1997
    1996
    1995
    1994
    1993
    1992
    1991
    1990
    1989
    1988
    1987
    1986
    1985
    1984
    1983
    1982
    1981
    1980
    1979
    1978
    1977
    1976
    1975
    1974
    1973
    1972
    1971
    1970
    1969
    1968
    1967
    1966
    1965
    1964
    1963
    1962
    1961
    1960
    1959
    1958
    1957
    1956
    1955
    1954
    1953
    1952
    1951
    1950