• Househelp had sued for Sh266,583 for unfair termination and underpayment.
• She was paid Sh8,000 every month instead of Sh11,247 as required by a 2014 legal notice.
A househelp underpaid by her employer has been awarded Sh27,000 by the Employment and Labour Relations Court.
Alice Ndinda sued Mr and Mrs Birdi Singh in 2014 for unfair termination and claimed Sh266,583 for the termination and for being underpaid.
Justice Byram Ongaya ruled that the Singhs in their submissions had not denied underpaying Ndinda.
Though the Singhs had faithfully paid the househelp Sh8,000 per month, Ongaya ruled that they breached the law by underpaying her after the May 2014 legal notice requiring helps to be paid ShSh9,780 per month.
The notice also requires househelps to be paid 15 per cent house allowance, Sh1,467. Their total earnings amount to Sh11,247.
The court ruled that the statutory wage when not paid amounts to strict liability on the part of the employer. Therefore Ndinda was awarded Sh27,559.
“The respondent will pay the claimant 50 per cent costs of the suit," Ongaya said.
He also ordered the Singh family to deliver Ndinda’s certificate of service as per section 51 of the Employment Act 2007.
Ndinda was employed from January 4, 2013, to April 11, 2014.
She testified that on April 11, 2014, she was sick and did not report for duty for four days. Her employer refused to accept her explanation and terminated her employment.
Ndinda said she apologised for being absent.
The court, however, noted that the termination was not unfair because the reason was valid as Ndinda was absent without leave and without giving the respondents prompt notification.
“The claimant is not entitled to payment in lieu of notice and compensation for unfair termination."
Ndinda told the court that in August and September 2013, Singh's wife was out of Kenya and Singh was in charge and he fully paid her salary for the two months but she worked part-time.
Singh testified that during that period, the workload was low and whenever the claimant failed to take leave she was paid in lieu of leave.
Edited by R.Wamochie