This archive report was first published on 4 August 2020.
Employers in Kenya have been warned that they must give house helps a one-month notice before firing them, following a recent court ruling.
The ruling, made by Justice Nduma Nderi, declared that it is illegal to terminate the employment of a house help without giving them notice.
According to the Employment Act 2007, employers must give employees, including house helps, a one-month notice before sacking them or pay them the equivalent of a one-month salary.
Justice Nderi made the ruling in a case where a house help, Moreen Muhani, was sacked by her employer, Namuben Manji Bhinji, without a valid reason.
Muhani had been employed by Bhinji as a house girl in February 2015 with a monthly salary of Sh3,000.
She approached her employer on December 30, 2016, and requested a salary increment, but instead of listening to her request, Bhinji got annoyed, terminated the contract, and sent her away the next day.
Justice Nderi ruled that the termination of employment was for no valid reason and that the employer did not follow a fair procedure in terminating her employment.
He awarded Muhani a total of Sh270,964 for the unfair termination of her contract, including interest from the time of judgment.
The judge also ordered Bhinji to provide Muhani with a certificate of service within 30 days.
According to the judge, the law requires that employers must give notice to their house helps whenever they want to terminate their contract, pay them terminal benefits, and give them a certificate of service when they part ways.
Justice Nderi further ruled that the Employment Act states that the minimum salary for a house help should be Sh10,107 and that the employer should enroll her to National Social Security Fund (NSSF) and provide her with the National Health Insurance Fund (NHIF) card.
