The Employment and Labor Relations Court in Nairobi awarded a househelp Ksh267,864 for unfair sacking.
Irene Atieno had told the court that she worked as a house help at the home of Henry and Annette De'Souza for 12 years before her dismissal which happened when she asked for a raise.
She went to court on August 8, 2011, claiming salary underpayment from 2004 to May 2011, severance pay, accrued leave for one year and 30 days, Sunday and public holidays worked, plus compensation for unfair termination totaling Ksh648,007.25.
The case was heard on February 21, 2018, when Atieno testified that she was employed by the De’Souzas and worked for 12 years.
[caption caption="A househelp cleaning"]
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Atieno stated: “I was paid a salary of Ksh3,000 per month, which was later increased to Ksh6,000. I used to sign a book to receive my salary, which was retained by the employer.”
“I find that the claimant has proved on a balance of probability that she worked continuously as a house help until she was summarily dismissed from employment on May 1, 2011, for demanding better pay,” Justice Onesmus Makau ruled.
The judge further noted that the termination was not justified and did not follow due process, which rendered the termination unfair within the meaning of Section 45 of the Employment Act.
However, Judge Makau dismissed Atieno's claim for severance pay because the termination was not through redundancy.
In a defence filed on September 18, 2011, Annette De'Souza had argued that Atieno was not her regular employee and denied that she worked continuously from May 2, 1999, to May 1, 2011.
[caption caption="Employment and Labour Relations Court judge Onesmus Makau"]
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She also denied the alleged underpayment and claims of unfair termination.
