Court Orders Employer to Pay Former House Help KSh569,717 for Unfair Dismissal

The Employment and Labour Relations Court in Kisumu has ordered an employer to compensate his former house help KSh569,717 after ruling that she was unfairly dismissed and underpaid for six years of service. The court found that the domestic worker, Gladys Misango, was entitled to full labour rights and protections, despite her employer’s claims that she was a casual worker.

Misango sued her employer, Rahim Ibrahim Ramzan, claiming she worked as a full-time house servant from 2018 to 2024, earning only KSh4,000 per month. She told the court that she never received a house allowance, annual leave or NSSF contributions. Her employment was abruptly terminated in March 2024 after she fell ill and sought hospital treatment, she said.

Ramzan denied the allegations, insisting that Misango was a casual worker who only came occasionally for a few hours. He also claimed that she had abandoned her duties. However, the court noted that even the employer’s witnesses confirmed Misango worked continuously for five years, proving she was a regular employee.

Justice Jacob Gakeri ruled that the employer failed to prove desertion. The court highlighted that he made no attempt to contact, warn, or discipline her before hiring a replacement. The judgment also upheld earlier findings that her KSh4,000 monthly salary was well below the legal minimum wage. The employer had also neglected to pay house allowances and annual leave.

However, the court reduced some claims. The award for gratuity was set aside, as gratuity is payable only when clearly provided in a contract or collective agreement. Compensation for unfair termination was also reduced from four months to two months’ salary. After adjustments, Misango is entitled to KSh569,717 in total.

The court directed that each party should bear their own legal costs. The ruling emphasizes the need for employers to respect labour laws and provide fair remuneration and treatment for domestic workers. It also serves as a reminder that employees working regular hours and performing continuous duties cannot be treated as casual or informal workers.

Misango’s case highlights ongoing challenges for domestic workers in Kenya, many of whom face low pay, lack of benefits and abrupt dismissal. The judgment is expected to reinforce labour rights protections and ensure employers uphold their obligations.