Court awards house help Sh260,000 for wrongful sacking

A 64-year old man was on Wednesday jailed for life after he appealed a 10-year jail sentence for defiling a minor. /FILE
A 64-year old man was on Wednesday jailed for life after he appealed a 10-year jail sentence for defiling a minor. /FILE

A house help has been awarded over Sh260,000 as compensation for unlawful termination.

Employment and Labour Relations judge Onesmus Makau said Irene Atieno proved she worked continuously until she was summarily dismissed from employment on May 2011 for demanding better pay.

The judge said the termination was not justified and was done without following due process.

"...I enter judgement in the sum of Sh267,864 plus costs and interest," reads part of the judgement.

Makau dismissed the claim for severance pay because the termination was not through redundancy.

Likewise, the claim for Sundays and public holidays worked is dismissed for want of particulars and evidence.

Severance pay is money given to an employee on the early termination of a contract.

Atieno filed the suit in 2011 accusing her employees Henry De’Souza and Annette De’souza of underpaying her for seven years.

She was employed as a house help in 1999.

"I started with a salary of Sh3,000 per month, which was later increased to Sh6,000. In 2011, I demanded a salary increment but I was dismissed yet I had served without any disciplinary case," she said.

But Annette said Atieno was not her regular employee and denied she worked continuously from May 2, 1999 to May 2011.

During hearing of the case, Atieno told the Judge that she was never paid the salary for the last month of her service and prayed for the outstanding salary, service pay and other terminal dues.

She also told the court she was never given a written contract but maintained that she used to sign a salary book which was retained by the employer.

"I was dismissed on May 2011 by Henry De’souza for demanding a salary increment. I used to be paid on the fifth day of the following month as such the dismissal came before receiving my salary for April 2011," she said.


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