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ELRCPartially AllowedELRC Cause No. 282 of 2020

Cornelia Snel v The Board of Management of the Lycee Francais Denis Diderot (Board - The French School of Nairobi)

Employment and Labour Relations Court of Kenya
25 September 2026
7,156 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~29 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The claimant, employed by the respondent French School since 1999 and promoted to Human Resource Coordinator in November 2019, claimed her employment was unfairly terminated, alleging she was coerced into signing a separation agreement after refusing unfavourable new contract terms. She sought a declaration of unfair termination, 145,287.46 Euros, taxes on the award, general damages for non-issuance of a certificate of service, a certificate of service, costs and interest. The respondent maintained the claimant rejected the Human Resource Assistant position offered after a restructuring, demanded her dues, and voluntarily executed a mutual separation, paying her 50,474.25 Euros within five days. The court framed two issues: whether the termination was unfair, and what reliefs were due. Applying sections 45(2) and 47(5) of the Employment Act, it held the claimant failed to prove coercion: she had a staff representative at the 3rd December 2019 meeting, consulted the accountant on her exit offer, and called no eyewitness to the alleged duress. The court found she resigned voluntarily and no unfair termination was proved. On remedies, the court found terminal dues underpaid because the employer excluded house allowance from gross salary, contrary to Postal Corporation of Kenya v Tanui, recalculating severance and notice on a gross salary of 2,604.16 euros and awarding 9,421.43 euros. The loan claim was held outside the Employment Act, and general damages for the certificate refused for want of jurisdiction, though a certificate of service was ordered under section 51. The claim succeeded only on terminal dues, with costs, interest and a 30-day stay granted.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondent unfairly terminated the Claimant's employment
  2. 2.What reliefs is the Claimant entitled to

Key legal issues

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01

Whether the claimant was unfairly terminated or resigned voluntarily under a mutual separation

Holding

The claimant resigned voluntarily; no coercion in signing the separation agreement was proved on a balance of probabilities

Reasoning

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.

p. 21
02

Whether terminal dues were correctly calculated on gross salary including house allowance

Holding

Terminal dues were underpaid; severance and notice should be computed on the contract gross salary of 2,604.16 euros including housing allowance

Reasoning

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.

p. 25
03

Whether the claimant's loan repayment could be loaded onto the employer

Holding

The claim for the loan fails as it is outside the Employment Act and the loan was for the claimant's personal benefit

Reasoning

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.

p. 25

Legal principles established

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  • 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

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  1. 1.A declaration that the termination was fair as it was voluntary
  2. 2.The respondent to pay the claimant underpayment of terminal dues in the amount of Euros 9,421.43
  3. 3.Respondent to pay costs and interest to the claimant
  4. 4.Certificate of service to issue under section 51 of the Employment Act through the claimant's advocate's office within 30 days
  5. 5.Stay of 30 days

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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Declaration that services were wrongfully and unfairly terminated

Court found the claimant resigned voluntarily with no proof of coercion

p. 21

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

p. 25

General damages for non-issuance of certificate of service

Court lacks jurisdiction to award damages outside the provisions of the Employment Act

p. 25

Costs

Respondent to pay costs and interest to the claimant

Quotable passages

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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.
p. 21Voluntary resignation and burden of proof
I find no proof of unfair termination on a balance of probabilities.
p. 22Standard of proof for unfair termination
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
p. 25Gross salary for terminal dues
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.
p. 25Loan claims outside Employment Act
b. The respondent is ordered to pay the claimant an underpayment of terminal dues in the amount of Euros 9421.43.
p. 26Final orders

Issues in the judgment

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material

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

minor

Typographical date error in letter description

minor

Inconsistent employment contract dates

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.