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Courts

Househelp to get Sh279,000 for unlawful dismissal by employer

A ruling by Employment and Labour Relations Court now makes it unlawful for employers to dismiss a house-help without a one-month notice.

This is after the court ruled in a case where plaintiff Maureen Munahi, who used to earn a monthly salary of Sh3,000 as a house-help, was awarded Sh279,964 in compensation for unlawful dismissal by her employer.

Munahi moved to the court to challenge the decision by her employer, who terminated her services without notice, which she complained was unlawful and unfair.

She was seeking her terminal benefits which include unpaid leave days and public holidays. The plaintiff was kicked from her job on December 30, 2016, after she requested for a salary increment.

Justice Nduma Nderi ruled that asking for a salary increment is not a valid reason to terminate the one’s services. The judge also 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.

While making the ruling, Justice Nderi cited employment laws with states that all employers including house-helps are entitled to one month notice before termination of their service.

Munahi was not paid her terminal benefits or a one month salary since she was not given a one month notice before dismissal.

 


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