Guide
Resigning in New Zealand: how much notice you have to give
Updated
Resignation notice in New Zealand is a contractual obligation, not a statutory one, which changes what happens when it goes wrong.
Giving notice
Employment New Zealand says an employee can resign at any time by notifying their employer they will be leaving and giving the required notice agreed to in their employment agreement. Most agreements require notice in writing, and Employment New Zealand recommends putting it in writing even where the agreement does not require it, to avoid misunderstandings (Employment NZ: resignation).
Once notice is given
- The employer should first check that the right amount of notice has been given.
- If the correct notice has been given, the employer cannot stop the employee leaving at the end of the notice period.
- The employer may agree to the employee not working the agreed notice period.
- An employer cannot choose to accept or reject a resignation, though it is best practice to acknowledge it.
If you give less notice than the agreement requires
Employment New Zealand states that if an employee does not give notice as outlined in their employment agreement, the employer will still need to pay the employee for all the hours worked. Short notice does not forfeit wages already earned. Anything an employer proposes to deduct beyond that needs to be lawful and agreed, and is worth checking before it happens rather than after.
Changing your mind
An employee who has resigned can ask to withdraw the resignation, but the employer does not have to agree. Employment New Zealand suggests the employer respond in writing so there are no misunderstandings. It also deals with resignation in the heat of the moment: an employer should always check that an employee intended to resign, and Employment New Zealand warns that text messages should not be relied on because they are open to interpretation.
Leaving early by agreement
If you want to start a new job sooner, ask. Employment New Zealand says an employer can agree to waive all or some of the notice period, but is clear about the consequence: the employee will not be paid for the portion of the notice period they do not work. The calculator on this site models that outcome separately from the case where the employer is the one who does not want the notice worked.
Any agreement to shorten, waive or convert a notice period should be in writing and signed by both the employee and the employer.