Que: We have an employee who recently resigned and is serving his notice period. Can we terminate him for misconduct committed during the notice period?

Ans: Yes, as long as they are serving notice which means they are still employees. If they pay the notice period, they cease to be an employee and cannot therefore be subjected to disciplinary proceedings.

About Anne Babu

Anne is an Advocate of the High Court of Kenya and the Founding Partner of Anne Babu & Co. She has practised employment law for over 12 years and her employment law practice has been recognized by the prestigious Chambers & Partners. Anne cares about employers and their labour issues.


The information on this website is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights or legal advice about what action to take, please contact a lawyer.

We try to ensure that the information on this website is accurate. However, we will not accept liability for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use any information on this website.

We assume no responsibility for the contents of linked websites. The inclusion of any link should not be taken as an endorsement of any kind by us of the linked website or any association with its operators. Further, we have no control over the availability of the linked pages.


  1. Peter gwandho says:

    Thank you madam Officer i have learned a lot from your interview.

    1. Anne Babu says:


Comments are closed.

error: Content is protected !!
%d bloggers like this: