Question: I have employed a domestic worker from 26 November 2008 whom I am very happy with. I pay her R1500 per month to look after my 8 month old daughter. We have an arrangement where 3 days a week she comes to our house and 2 days I take baby to her house. Yesterday she was supposed to be at our house. She phoned me at about 10h00 to say she had a doctors appointment and as the doctor is near her place I should collect my daughter from her house to which I agreed. When I collected my daughter the domestic told me she had an interview for today at 09H00 and that she would take the rest of the day off. I am planning on consulting nursery schools to enroll my child in and want to then let the domestic go as I feel that I am unable to trust her anymore. Can I do this legally?

Answer: Yes of course – the easiest/safest would be to retrench her stating that you no longer require her services. Due to her length of service all that would be required from your side is a months notice pay. Domestic labour law is far more lax than corporate. Give her a letter stating she is retrenched effective(insert date when you want her services terminated) and state on letter she will be given R x (amount due for a month) as severance. Always keep a copy of correspondence. Try and get her to sign acknowledgement of receipt.

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