What Will Happen If I Just Leave A Job Without Giving Notice?

It can be tempting. You’ve had enough. The job is stressful, the boss is difficult, or you’ve found something better and want out… NOW. But what actually happens if you just walk out on your job without giving notice?

What Does the Law Say About Notice in New Zealand?

In New Zealand, notice periods come under the Employment Relations Act 2000, the Minimum Wage Act 1983 and the Holidays Act 2003.  

The Employment Relations Act 2000 requires employment relationships to be based on good faith. That means both employer and employee must be honest, open, and reasonable. However, the Act does not set a standard notice period. Instead, notice requirements usually come from your employment agreement (individual or collective), and relevant workplace policies.  Most employment agreements clearly state:

• How much notice you must give to resign (for example, 2 weeks or 3 months), 

• Whether notice must be in writing,

• Whether your employer can require you to work the notice period, and 

• Whether payment in lieu of notice is allowed.  

If you leave without giving the required notice, you may be breaching your contract.

What Do Workplace Policies Say in Relation to Notice?

In addition to your employment agreement, a workplace policy may cover how resignation must be submitted (email, letter, HR form), handover requirements, final pay processes, return of company property and any confidentiality obligations after leaving.  Some policies also explain whether unused annual leave will be paid out (it must be, under the Holidays Act), whether deductions may be made if notice isn’t worked, and whether bonuses or commissions will be forfeited.  Workplace policies cannot override the law, but they can clarify expectations.

Are Notice Periods Different for Different Jobs?

They can be.  There is no universal rule and notice periods often reflect the level of responsibility and how hard it is to replace someone.  Here’s how it often works in practice:

Entry-Level or Casual Roles	1–2 weeks’ notice is common Sometimes no notice for casual workers (depending on agreement)
Retail, Hospitality, Labouring	Usually 2 weeks Sometimes 1 week for junior roles
Office Roles / Skilled Employees	2–4 weeks is common
Managers and Senior Professionals	1–3 months In some cases, up to 6 months for executives

Roles in different industries may also have different expectations or requirements when giving notice.  For example:

Healthcare Workers	Leaving without notice may constitute a breach of professional standards and put you at risk of complaints by your employer or patients to regulatory bodies.
Teachers	Notice periods are often set by collective agreements and align with school terms
Construction & Trades	Shorter notice is common, but project-based work may create extra tension.
Corporate or Executive Roles	Long notice periods are normal and leaving suddenly can trigger contract disputes, loss of incentive payments and enforcement of restraint of trade clauses.

What Happens If I Just Leave Without Notice?

Leaving without notice is usually a breach of your employment agreement.

Your Employer Could Deduct Money 

Some agreements allow an employer to deduct wages if notice isn’t worked, however the deduction must be clearly allowed in your agreement, it must comply with the Wages Protection Act 1983, and you must have agreed in writing to deductions.  Employers cannot just make random deductions as punishment.  If your agreement says, for example, ;One week’s wages may be deducted if notice is not worked,' this may be enforceable but only if lawful and reasonable.

You Could Lose Bonus or Commission Payments

Some employment agreements state that bonuses are only payable if you are employed at the payment date or commission is only paid if notice is worked.  This means, if you leave without giving notice, you may miss out on money.

You May Damage Your Professional Reputation

This is often the biggest real-world consequence.  Future employers may ask for references, contact your former employer and question why you left suddenly.  In some industries such as healthcare, legal, finance, reputation matters a lot.

Your Employer Could Take Legal Action

In theory, an employer can bring a claim in the Employment Relations Authority for breach of contract.  In practice this is very uncommon for junior roles and more likely if your sudden departure caused financial loss.  This is more likely in senior or specialist roles, for example a senior manager leaving without notice during a major project or a key technician walking out during a critical contract. 

What If I Leave Because of Workplace Issues?

Sometimes people leave without notice because something is seriously wrong such as bullying, harassment, unsafe conditions or non-payment of wages.  

In those situations, walking out may not simply be “resigning.” It could potentially amount to a constructive dismissal where the employer’s conduct forces you to resign.  This is complex legal territory. If you believe you were forced to leave, you should seek legal advice quickly because a time limit of 90 days applies to raising a personal grievance.

What If I Just Stop Turning Up?

'Ghosting' your employer is risky.  If you stop showing up the employer may treat it as abandonment.  Generally they would need to show that they tried to contact you and they may send a letter or email asking you to explain your absence if they have not been able to reach you.  They may then terminate your employment if you don’t respond.  Abandonment does not protect you from consequences and it may affect your employment record and reputation.

What Should I Do If I Need to Leave Immediately?

Sometimes staying even two more weeks feels impossible.  Before walking out, consider these safer options:

Talk to Your Employer

You might be surprised by their response.  You could ask can we agree on a shorter notice period? Can I use annual leave to cover my notice? Can I be released early?  Many employers will agree, especially if the relationship is already ending.

Request Payment in Lieu of Notice

Some agreements allow either party to make payment instead of working notice.  This is more common when the employer also wants you gone quickly and/or there are confidentiality concerns. 

Ask to Use Sick Leave

If you are genuinely unwell, including mental health, you may choose to take sick leave.  Do not misuse sick leave, but if stress or anxiety is real and documented, it may be appropriate.

Raise Issues Formally

If your reason for leaving is bullying or unsafe work, raise your concerns in writing, ask for support and seek legal advice before resigning.  Resigning too quickly can weaken potential legal claims.

FAQs

Can my employer refuse to pay me if I don’t work notice?

No. They must pay you for work already completed and for unused annual leave. Lawful deductions may apply if agreed in writing.

Can I be sued for not giving notice?

Yes, in theory. But it is uncommon unless the employer suffers measurable financial loss.

What if my contract says 4 weeks but I only give 2?

You are technically breaching your agreement. The employer could seek a deduction of what they pay you , refuse to give you a reference, or take legal action although this is rare.

Can I use annual leave during my notice period?

Usually yes, but your employer can decline leave requests in some situations.

What if my workplace is toxic?

If the environment is unsafe or unlawful, you may have grounds for a personal grievance. Seek advice before resigning.

What if I am still in my trial period?

Even in a valid 90-day trial period, you are still required to give notice unless your agreement says otherwise.

Is it ever “safe” to just leave?

It may feel necessary, but it is rarely risk-free. The safest option is always to communicate and try to reach agreement.

Leaving a job without notice might feel like taking control but it can carry financial, legal, and reputational consequences.  Before walking out, check your employment agreement, try to negotiate a shorter or no notice period with your employer, and seek legal advice if the situation is serious.  Employment relationships in New Zealand are built on good faith. Even when things end badly, how you leave can matter just as much as why you leave.  If you are feeling stuck or pressured to resign, get in touch for a free consultation today. MathewsWalker.co.nz | 0800 612 355

Online Form

Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.