Court of Appeal bars employees from instant resignation or retirment to avoid disciplinary action
Court of Appeal bars employees from instant resignation or retirment to avoid disciplinary action
Employees who commit an offence at their places of work cannot instantly resign to escape punishment, a Court of Appeal has ruled.
In a landmark ruling, an appellate court in Nakuru held that employees cannot abruptly resign or retire to avoid disciplinary action after being found or accused of misconduct.
The judgment arose from a case involving a company and its employee, in which the employee attempted to resign with immediate effect after being accused of participating in an unlawful strike and of damaging company property.
The employee issued his retirement letter after receiving notices to show cause and after the court had already allowed the company to proceed with internal disciplinary action.
During the hearing, the employee argued that by rendering his resignation, the employer had no further powers to discipline him.
However, the court rejected his argument, stating that employment law did not recognise instant retirement as a way of evading accountability.
Even where a Collective Bargaining Agreement (CBA) allows early retirement, the court clarified that employees must still comply with lawful notice requirements under the Employment Act, unless the employer waives those requirements.
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Sections of the public have long believed that submitting a resignation letter or a retirement letter can shield them from disciplinary consequences, something the court has now made clear is not the case.
The court affirmed that employers retain the right to continue with disciplinary proceedings and issue dismissal where justified, even after an employee attempts to exit employment abruptly.
In simple terms, the ruling means that if you are employed and have been accused of committing an offence against your employer’s rules and face disciplinary action, you cannot render your resignation and expect not to get punished.
An employee who chooses to resign in such a scenario will still be liable to disciplinary action from the employer where applicable.
The ruling is expected to influence how employees respond when faced with disciplinary action.
It also sets a legal boundary on the limits of resignation and retirement in Kenya’s labour industry.
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