# Giving notice Official source: https://www.employment.govt.nz/ending-employment/giving-notice Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Ending employment Giving notice Ending employment Ending employment Resignation Retirement Giving notice Redundancy Dismissal Constructive dismissal Health issues Abandonment of employment On or after last day of employment Everyone Giving notice To end an employment relationship either the employer or the employee must let the other know in advance. What is ‘giving notice’? When an employee Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). or an employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). wants to end an employment relationship The way in which employers, employees, and sometimes unions, relate and behave towards each other. An employment relationship starts when an employee accepts an offer of employment. , they must tell the other party in advance. This is called ‘giving notice’. It allows the employer to prepare for the employee’s departure and gives the employee the chance to find other employment. The notice period is: the amount of time between giving notice and the date the employment relationship actually ends usually the same for employers and employees usually in the employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. usually required to be in writing. During the notice period, the employer and employee might agree on a plan for the completion and handover of any work, or other responsibilities. Just because an employment agreement contains a notice period does not mean the employer can dismiss an employee for any reason. They must still follow a fair and proper process. This includes when the employment agreement is for a fixed term Employment that ends on a specified date or when a particular event occurs, for example, covering for parental leave or seasonal work like fruit-picking. . 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. Pay and wages If there is no notice period in the employment agreement If the employment agreement does not have a notice period, then fair and reasonable notice must be given. This should reflect: the length of service the type of job how long it might take to replace the employee common practice in the workplace. Depending on the role, 2 to 4 weeks’ notice is often seen as fair and reasonable. Agreement not to work the notice period An employer can agree to: approve the use of some annual leave Paid time away from work for rest and recreation. within the notice period, if for example, the employee wants to take a small holiday before starting their new job waive all or some of an employee’s notice period. For example, this might happen if the employee is leaving for a new job and wants to start right away. In this situation, the employee will not be paid for the portion of notice period they do not work put the employee on paid leave in lieu of notice An agreed period when an employee remains employed and receives full pay but does not go to work. . Any agreement should be in writing and be signed by both the employee and the employer. Leave in lieu of notice Annual holiday pay During the notice period The employer and employee should agree on a plan for the completion and handover of any work. While the employee is working out their notice, they should: work with the employer to make sure any essential work is completed or assigned to someone else organise and document any important files and processes, to make sure others know how their filing system works and where to find things put an auto-forward and out-of-office reply on their email and phone, clearly directing communications to someone else in the organisation. Dismissed without notice (instant dismissal) When an employee is dismissed without notice, it’s called ‘instant dismissal’ or ‘summary dismissal’. An employer can dismiss an employee without giving them notice if: there has been a fair investigation and there has been a disciplinary process, and the employee’s behaviour is considered to be serious misconduct. If an employee is dismissed without notice, they: have to leave work right away, and are not paid for any part of the notice period (they can still get any statutory payments they are owed in their final pay, for example, annual holidays). There does not have to be a specific clause in the employment agreement for this type of dismissal. However, having a clause in the agreement sets clear expectations for this situation. For more information about serious misconduct, see: Misconduct Example An employee assaulted a colleague or customer. In this situation, the employee may be suspended while the employer investigates. If the employee is dismissed after the investigation, they will not work or be paid for any part of their notice period. Employers must follow all other dismissal rules Giving notice is one of the rules employers must follow when dismissing an employee. If an employer dismisses an employee for serious misconduct, they do not have to give notice. However, they must still follow all the other rules for dismissal. Dismissal On an employee’s last day On and after the last day of employment, there are tasks both the employer and employee need to complete. On or after last day of employment Published: 11 March 2024 Last modified: 12 March 2026 Written for: Everyone Share this page: Print this page: