A Nairobi court has awarded a house help Sh108,500 for wrongful termination by his employer
The Employment and Labour Relations Court awarded John Kiranga Sh7,000 as one month in lieu of notice, Sh70,000 compensation as his salary for 10 months, and Sh31,500 service pay for the 9 years he was employed by Mohamed Mustaquim Yusuf.
Justice Linnet Ndolo, in awarding the ten months’ salary compensation, said the court considered Kiranga’s long service to Yusuf.
“In arriving at this award, I have considered the claimant’s long service with the respondent as well as the respondent’s unlawful conduct in terminating the employment,” Ndolo ruled.
Kiranga told the court he was Yusuf’s employee and worked as a house help from November 22, 2006 to March 7, 2016 and was paid Sh7,000 per month as salary.
He said on March 7, 2016 his employer’s mother sent him to fetch coconuts and during that period she invited an unknown woman to the house and Yusuf’s phone disappeared.
Kiranga said Yusuf then abused him and accused him of failing to stop the theft of his mobile phone and fired him unfairly without remitting to him his terminal dues.
In his response, Yusuf admitted that Kiranga had been his house help but denied sacking him unfairly and employing him between November 22, 2006, and March 7, 2016.
He instead claimed his former house help absconded duty, was given a fair hearing on the issue of the missing mobile phone and also paid all his due benefits.
Justice Ndolo, in her ruling, also noted that the respondent failed to attend trial despite being served in due time.