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.