Cornelia Snel v The Board of Management of the Lycee Francais Denis Diderot (Board - The French School of Nairobi)
The bottom line
#A Kenyan court ruled a school employee resigned voluntarily but was underpaid her terminal dues, awarding her over 9,400 euros.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondent unfairly terminated the Claimant's employment
- 2.What reliefs is the Claimant entitled to
Key legal issues
#Whether the claimant was unfairly terminated or resigned voluntarily under a mutual separation
The claimant resigned voluntarily; no coercion in signing the separation agreement was proved on a balance of probabilities
The claimant attended a meeting with a staff representative, consulted the accountant to draw her exit offer, and the employer gave a counteroffer which was signed. She alleged coercion by two board members but called no eyewitness to corroborate. The court cautioned itself on the danger of a single witness and found the union email describing a good-faith resignation corroborated voluntary exit.
Whether terminal dues were correctly calculated on gross salary including house allowance
Terminal dues were underpaid; severance and notice should be computed on the contract gross salary of 2,604.16 euros including housing allowance
The employer calculated dues on a reduced basic salary of 1,914.98 euros excluding house allowance. Relying on Postal Corporation of Kenya v Tanui, gross salary includes allowances. The court adopted the contract salary of 2,301.66 euros plus 302.50 euros housing, recalculated severance (20 x gross) and notice (3 x gross), added gratuity of 5,000 euros, and deducted the 50,474.25 euros paid, arriving at an underpayment of 9,421.43 euros.
Whether the claimant's loan repayment could be loaded onto the employer
The claim for the loan fails as it is outside the Employment Act and the loan was for the claimant's personal benefit
The court held that continued employment is not a right of the employee and there was no basis to transfer the burden of the claimant's personal loan facility to the employer despite the letter of undertaking given to the bank.
Legal principles established
#- Burden of proving unfair termination rests on the employee, after which the burden shifts to the employer to justify the termination
- Gross salary for terminal dues includes basic salary plus allowances such as house allowance
- A mutual separation agreement need not be produced in court; parties' conduct may evidence a mutual, non-acrimonious separation
Court orders
#- 1.A declaration that the termination was fair as it was voluntary
- 2.The respondent to pay the claimant underpayment of terminal dues in the amount of Euros 9,421.43
- 3.Respondent to pay costs and interest to the claimant
- 4.Certificate of service to issue under section 51 of the Employment Act through the claimant's advocate's office within 30 days
- 5.Stay of 30 days
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (first-instance employment claim)
Relief refused
#Declaration that services were wrongfully and unfairly terminated
Court found the claimant resigned voluntarily with no proof of coercion
Payment of the loan facility of 60,000 Euros plus interest
Loan was for the claimant's personal benefit and outside the province of the Employment Act
General damages for non-issuance of certificate of service
Court lacks jurisdiction to award damages outside the provisions of the Employment Act
Costs
Respondent to pay costs and interest to the claimant
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the totality of the evidence before the court, I find that it is more probable than not that the claimant resigned voluntarily from work and that there was no proof of coercion in signing the separation agreement.
I find no proof of unfair termination on a balance of probabilities.
The court finds that the correct salary is the contract salary of 2301.66 euros, plus allocation logement (housing 302.50 euros), thus a gross salary of 2604.16 euros
On claim for payment of loan, I find the claim to be outside the province of the Employment Act. The loan was for personal benefit of the claimant as employee.
b. The respondent is ordered to pay the claimant an underpayment of terminal dues in the amount of Euros 9421.43.
Issues in the judgment
#Judgment delivery date of 2026 postdates hearing dates of 2025 and witness statement dated 20th May 2025 described as adopted at hearing on 12th June 2024
Typographical date error in letter description
Inconsistent employment contract dates
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cornelia Snel v The Board of Management of the Lycee Francais Denis Diderot (Board - The French School of Nairobi)", Case Analysis (2026). ELRC Cause No. 282 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2709/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.