Firing a maid can be unavoidable and it does and should happen if you fight her beyond redemption. If a maid constantly steals from you, you have no choice but to end the relationship. A maid can also turn your house into a fun guest house for her friends and boyfriends (this is often done by untrained maids), you have no choice but to fire her.

But sometimes the dismissal can be for unfair reasons that have nothing to do with the performance or faults of the maid. In such a situation, you need to be very careful and avoid landing on the CCMA.

If you find yourself in need of information about your maid, better withdraw than dismiss her. Downsizing is due to unavoidable issues such as financial issues or relocation.

But whatever you do, try to follow your actions to the letter to avoid lengthy visits to the CCMA. Here is Sectoral Determination 7 for domestic workers, which establishes special rules governing the termination of employment for domestic workers (maids).

Rules for firing a maid:

1. The domestic worker must be given a period of notice before the termination of the contract:

If a maid worked for 6 months or less, she is entitled to one week’s notice. If she has been in her employment for more than 6 months, she is entitled to one month’s notice.

The employer and the domestic employee may agree on a longer notice period.

2. Notification of termination may not be given during any leave period to which the worker is entitled, except sick leave.

3. The employer must still pay the domestic worker during the notice period.

4. The employer must pay the worker all monies owed to the worker, including:

  • wages
  • Allowances or other payments
  • paid time off

5. The employer must provide accommodation to the domestic employee if the employer terminates the employment contract before the date the domestic employee is entitled.

6. The employer must provide:

  • 1 month of accommodation or until the legal resolution of the contract.

7. Dismissed domestic workers are entitled to one week’s severance pay for each year of service.

8. When a domestic worker is laid off, she is entitled to a certificate of service. The certificate must indicate:

  • Full name of the domestic worker
  • Name and address of an employer
  • Start and end date of employment
  • Job title and brief job description.
  • Any relevant training received
  • Payment received upon completion
  • Reason for termination

9. If a maid is unfairly dismissed, the maid can contact the CCMA under the legislation in section 37 of the BCEA (Basic Conditions of Employment Act).