Abandonment of Employment

Abandonment of employment happens when an employee stops coming to work without explanation or contact. After a certain period, the employer may consider the employee has no intention of returning.

In New Zealand, this can be a tricky situation for both employers and employees. It raises questions about pay, final entitlements, and whether the absence counts as a resignation or dismissal.

We’ve seen this often when employers rush to dismiss someone after a few days of no-shows, only to find the employee had a valid reason; like hospitalisation or a family emergency. That’s why following the right process matters.

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In this guide you’ll learn:

• What abandonment of employment means in NZ
• How to handle unauthorised absence from work correctly
• What to do about final pay and documentation

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What Is Abandonment of Employment?

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Abandonment of employment is when an employee is absent from work without permission or contact for a set period, and the employer believes they have no intention of returning.

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There’s no fixed number of days under New Zealand law that defines job abandonment. Instead, the Employment Relations Authority (ERA) looks at each case based on:

• The length of the absence
• The efforts made by the employer to contact the employee
• Any valid reasons the employee may have for not being in touch

For example, an employee who hasn’t shown up for three days and hasn’t answered calls or emails might be considered to have abandoned their job; but only after reasonable attempts to reach them have failed.

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Abandonment of Employment and Final Pay

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Employees who abandon their job are still entitled to their final pay.
This includes:

• Payment for hours worked up to their last day
• Any outstanding holiday pay under the Holidays Act 2003

Employers must process the abandonment of employment final pay as soon as practical.
If there’s any confusion over the last working day or outstanding leave, check the employment agreement or seek advice before releasing payment.

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Job Abandonment Consequences for Employees

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For employees, job abandonment can have serious effects.
It can:

• Affect future employment references
• Impact eligibility for Work and Income (WINZ) support
• Limit options for challenging dismissal

Employees who quit without notice or stop showing up may not qualify for certain benefits under the “dole rule.”

If there were genuine reasons for not contacting your employer, it’s best to explain them quickly and provide proof where possible.

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Key Takeaways for Employers and Employees

• Always try to contact the employee before assuming abandonment.
• Keep written records of all communication.
• Issue a clear Abandonment of Employment Letter with a deadline for response.
• Pay all lawful entitlements, including final pay.
• Seek advice before confirming termination.
• Employees should communicate promptly if unexpected situations arise.