This is a problem, but the thing that makes it a bigger problem is that we can't kick people during combat or while loot is rolling. All other things being perfect, you would be able to kick someone who was griefing the party like this. What we really need is improvements to the kick system:
  1. Allow initiation of a kick even during combat or while loot is available.
  2. If the party is currently in combat, save the results of the vote until after combat has ended.
  3. If the end of combat results in a treasure coffer, save the results until the coffer has been opened.
  4. If a coffer has been opened, save the results of the vote until loot has been distributed.
  5. Kick the person.

That way problem players who deserve to be removed can't use combat and loot as shields to continue to grief the party.