A former worker at a salon and spa located along Moi Avenue in Nairobi's Central Business District has come forward stating that delayed commission payments, intimidation of workers and what she describes as increasingly hostile treatment of both employees and clients.

The former employee, who has requested complete anonymity, says she worked at Ponkies Nail Spa and Salon, located at Contrast Building near Nairobi Sports House, and claims that several women working at the establishment have experienced similar frustrations but are afraid to speak publicly.

According to the complainant, the salon operates largely on a commission arrangement, with workers being told when they join that their earnings would be paid weekly. She says this arrangement later changes, with management allegedly introducing longer payment periods after workers have already completed the agreed work.

The former employee says the pattern begins when a worker is told that payment will be made weekly, but after completing the first week, the owner changes the arrangement and informs the worker that they must work for two weeks before being paid, effectively leaving part of the worker's earnings being held by the business.

“Ukiingia she'll tell you nalipanga weekly, unasema ni sawa tu, you wait one week ikiisha she changes the tone anasema unafanya two weeks then she pays you one week, so hiyo doo yako ya one week she holds it.”

The complainant says this becomes particularly difficult when an employee decides to leave because the worker may discover that money earned during the final period of employment is still being held by the salon.

She states that workers may leave unpaid earnings behind because of the way the payment arrangement is structured.

“Day one agreement ni nalipwa weekly, so when you want to leave unakumbuka doo yako unakaa, but incase uchoke unataka utoke unamwachia hiyo doo juu hata ukijaribu kudai utadai hadi umwache tu.”

The former worker says she eventually decided to leave after becoming frustrated by the situation, but claims the problems did not end there because she also witnessed what she describes as poor treatment of other women working at the salon.

According to her account, some workers have been subjected to harassment and intimidation, with the owner and her daughter involved in what the complainant describes as a hostile working environment.

“Sana sana she does it kwa wasichana wa salon. Kindly post for me hii tabia yake ladies are tired of it, hata wenye wako hapo ni kuvumilia wanavumilia tu na kuharass wasichana plus her daughter.”

The former worker also claims that the behaviour has now extended to customers, particularly clients who arrive without having booked appointments directly with the owner.

She says some returning customers receive poor treatment when they do not book appointments with the owner, with the complainant claiming that clients can allegedly be subjected to hostility from the moment they enter the premises until they leave.

“They've started harassing even returning clients receive harsh treatment especially if you didn't book an appointment with her, she'll harass you from your entry time till the time you'll leave.”

The complainant says she personally experienced the alleged conduct involving her own clients, claiming that at least two of them were allegedly harassed to the point that she eventually decided to leave the business and find another place where her clients could receive services without the same experience.

“She harassed my client not one not two until I gave up and left. Ju sasa kama client wanatretiwa hivyo mimi same, si at least I found a better place for my client.”

For the former employee, the issue is no longer simply about her own experience as a worker. She says she feels particularly hurt because she believes customers who have supported the business should be treated with respect regardless of which worker they have booked.

She also claims that when she raised concerns about other employees allegedly not being paid, the response from the owner was dismissive.

“When I raise this issue of not paying other employees she went further and told me, I'm not anyone's spokesperson.”

The former worker says that response left her feeling that employees were expected to deal with their individual problems alone, even when the alleged payment difficulties appeared to affect several workers.

She has now asked that her identity remain hidden because she fears being identified could expose her to further confrontation.

Questions over commission based work ¶

The allegations raise wider questions about how commission based arrangements are communicated to workers and whether employees receive clear written terms explaining how their earnings are calculated, when they become payable and what happens to outstanding commissions when they leave.

Where workers are engaged under employment contracts, the Employment and Labour Relations framework requires employers to clearly set out the terms governing employment, while employees are entitled to receive wages due to them for work performed.

The State Department for Labour and Skills Development is responsible for labour administration and enforcement, meaning affected workers can raise employment related complaints through the relevant labour offices where they believe their wages have been unlawfully withheld or their employment rights violated.

If the salon's workers are operating purely on a commission basis, the precise legal relationship between the workers and the business would need to be established from their contracts and the actual working arrangements before determining which specific employment protections apply.

If workers were promised weekly commissions, the salon should be able to produce records showing what was earned, what was paid and what remained outstanding when each worker left.

If there are disputes involving customers, the affected clients can equally provide their own accounts of what happened.

The relevant labour authorities should consider examining the complaints, particularly where multiple workers can independently provide evidence of similar experiences