Godfrey Allan Tollo v Registered Trustees Gertrude Children’s Hospital [2022] KEELRC 497 (KLR)
The bottom line
#A Kenyan court ruled that an employee serving a resignation notice can still be disciplined and dismissed by their employer before the notice takes effect.
What this practically means
#Executive summary
#Key legal issues
#Effect of resignation notice on pending disciplinary proceedings
A resignation by notice does not oust the employer's disciplinary jurisdiction until the notice takes effect
The court adopted Kennedy Obala Oaga v Kenya Ports Authority, distinguishing immediate resignation from resignation by notice. Since the Claimant gave a 90-day notice effective 8th September 2014, he remained an employee during the notice period and remained subject to disciplinary control when dismissed on 30th June 2014.
Whether the summary dismissal was lawful and fair
The dismissal was lawful and fair; the Claimant was afforded an opportunity to be heard but squandered it
The Claimant was issued a show cause letter and access to investigation reports and documents. He failed to keep timelines, did not attend to peruse documents on 20th June 2014, and did not furnish a substantive response. His willingness to forfeit benefits and pay Kshs. 1,000,000 as restitution cast doubt on his innocence.
Entitlement to remedies
Only a Certificate of Service was awarded; compensation, notice pay, bonus and leave pay were refused
Having found no wrongful dismissal, compensation and notice pay failed. The bonus claim lacked any established basis and the leave pay claim lacked particulars, so both were disallowed.
Legal principles established
#- An employer retains jurisdiction to discipline an employee who has given notice of resignation while the employee is still serving the notice period
- An employee who fails to participate in an employer's internal disciplinary process cannot later claim he was not heard
Court orders
#- 1.The Claimant be issued with a Certificate of Service
- 2.The claim for compensation and notice pay is rejected
- 3.The claims for bonus and leave pay are disallowed
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Godfrey Allan Tollo v Registered Trustees Gertrude Children’s Hospital [2022] KEELRC 497 (KLR)", Case Analysis (2022). Employment and Labour Relations Claim (Memorandum of Claim dated 22nd August 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/497/eng@2022-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.