OSHWAL ACADEMY (NAIROBI) & OSHWAL EDUCATION AND RELIEF BOARD V. INDU VISHWANATH

JUDGMENT OF THE COURT

This appeal arises from the award of the Industrial Court of Kenya at Nairobi chaired by Honourable Mr. Justice Paul Kosgei made on 29^th October, 2010 in respect of a claim by Indu Vishwanath, hereinafter referred to as “the respondent”, against Oshwal Academy (Nairobi) and Oshwal Education and Relief Board, hereinafter referred to as “the 1^st and 2^nd appellants” respectively.

Through her statement of claim, the respondent sought damages for gratuity benefits, notice pay, redundancy and accrued leave following the appellants? board decision not to renew the respondent?s contract. At the time of termination of the employment relationship, the respondent was in possession of a 2 year contract commencing 5^th October, 2005 issued by the appellants. The respondent avers that she was working for the appellants and their predecessors since 1985 and was issued a contract of permanent employment on 1^st September 2001. It is a further averment that the appellants altered the…