Abandonment Of Employment In New Zealand: Employer Letter Guide

It happens more often than you’d think: an employee simply stops showing up, doesn’t respond to calls, and you’re left trying to run your business with a sudden gap in the roster.

For small business owners, this isn’t just frustrating - it can create real operational issues, payroll confusion, customer service problems, and legal risk if you handle it the wrong way.

The good news is that you can deal with abandonment of employment in a fair and practical way. But you’ll usually need to take a few steps first, and then document the process properly (including an abandonment of employment letter) so you’re protected if things later escalate into a personal grievance.

Below, we’ll walk you through what “abandonment of employment” means in New Zealand, what to do before you treat someone as having resigned, and how to write an abandonment of employment letter that’s clear, fair, and aligned with your obligations as an employer.

What Is “Abandonment Of Employment” In NZ?

In simple terms, abandonment of employment is where an employee is absent from work without permission (or without a reasonable explanation), and their actions suggest they don’t intend to return.

In the real world, it often looks like this:

• They stop turning up for scheduled shifts.
• They don’t notify you or follow your usual call-in process.
• You try to contact them (call/text/email), but they don’t respond.
• The absence continues for multiple days.

In New Zealand, there isn’t a one-size-fits-all rule that says “after X days it’s abandonment” for every workplace. The correct approach depends on:

• what your employment agreement says (many agreements include an “abandonment” clause),
• your workplace policies and usual practices, and
• the specific circumstances (for example, whether there could be a health or safety issue, or a genuine emergency).

Because employment issues in NZ are heavily influenced by good faith and fairness, you generally shouldn’t jump straight to “they’ve abandoned their job” without taking reasonable steps to check what’s going on.

If you’re not sure whether your agreements cover this properly, it’s worth reviewing your Employment Contract terms before you act.

Can You Treat Abandonment As A Resignation?

Sometimes, yes - but you need to be careful about process and how the situation is characterised under your employment agreement.

Many NZ employment agreements include a clause along the lines of:

• if the employee is absent for a set period (for example, 3 consecutive working days) without notifying the employer, and
• the employer cannot contact them after reasonable attempts,
• then the employer may treat the employment as ended due to abandonment (often recorded as a resignation).

Even if your agreement contains a clause like this, you should still follow a fair process and act in good faith. Why? Because if you treat the employment as ended too quickly, or without giving a genuine opportunity to respond, the employee may argue later that the employer’s actions amounted to an unjustified dismissal.

In practical terms, the safest mindset is:

• Don’t assume. Confirm whether there’s a legitimate reason for the absence.
• Do your best to contact them. More than once, and through more than one channel.
• Put it in writing. An abandonment of employment letter is often the point where the process becomes properly documented.

If you’re dealing with a difficult employment situation and you want to reduce risk from the start, chatting with an Employment Lawyer can help you choose a process that fits your facts (and your paperwork).

Step-By-Step: What To Do Before You Send An Abandonment Of Employment Letter

When someone no-shows, it’s tempting to move fast - especially if you need to cover shifts. But taking a structured approach now can save you a lot of time (and cost) later.

1) Check Your Employment Agreement And Policies

Start by checking:

• whether the employment agreement has an abandonment clause and what it requires (timeframes, notice, contact methods),
• any policies about absence notification, and
• what the employee’s usual working pattern is (so you’re counting days correctly).

If your contracts are inconsistent or outdated, that can create uncertainty. This is one reason it’s important to have a well-drafted Employment Contract in place from day one.

2) Make Reasonable Contact Attempts (And Record Them)

Before sending a formal abandonment of employment letter, try to contact the employee using the details you have on file. “Reasonable” usually means:

• calling their phone number (and leaving a voicemail if possible),
• sending a text message,
• emailing their personal email address, and
• if needed, sending a letter to their last known address.

Keep a simple record of:

• the date/time you tried to contact them,
• the method used, and
• whether you received any response.

This paper trail matters. If the employee later claims they were trying to contact you, or didn’t receive messages, you’ll want clear notes showing the steps you took.

3) Consider Whether There Could Be A Legitimate Reason

There are situations where a no-show might have a genuine explanation, including:

• a medical emergency or mental health issue,
• family violence or a crisis situation,
• hospitalisation or an accident,
• unexpected caregiving responsibilities, or
• technology issues (lost phone, no internet access).

You don’t need to guess what’s happening - but you do need to leave room for the possibility of a real reason and give them a fair opportunity to explain.

4) Decide Whether You’re Investigating Misconduct Or Abandonment

Abandonment of employment is typically handled as the employee effectively ending the relationship by not turning up and not communicating.

But sometimes the situation overlaps with misconduct (for example, the employee has said they quit verbally, or they’ve walked off mid-shift after a conflict). In those cases, you may need a more formal process.

If you’re heading toward termination rather than treating it as abandonment/resignation, your process needs to be especially careful - the general termination approach in NZ is covered in How To Terminate An Employee.

5) Put The Concern In Writing (The Letter)

If you’ve made reasonable attempts to contact the employee and they still haven’t responded, the next step is usually sending an abandonment of employment letter.

This letter is important because it:

• sets out what’s happened (dates, shifts missed, lack of contact),
• shows you are giving the employee a fair chance to respond, and
• clearly explains what will happen if they don’t respond by a set deadline.

How To Write An Abandonment Of Employment Letter (With A Practical Template)

A good abandonment of employment letter is clear, factual, and focused on next steps. It shouldn’t be emotional or accusatory - you’re creating a record that shows you acted reasonably and in good faith.

As you draft the letter, aim to include:

• Dates and details of the absence (what shifts/days were missed).
• Reference to communication attempts you’ve made so far.
• A request to contact you immediately and explain the absence.
• A reasonable deadline to respond (often 24–72 hours depending on the context, your agreement, and how long they’ve already been absent).
• The consequence if they don’t respond: you may treat the employment as ended due to abandonment (and in many workplaces this is recorded as a resignation), effective from a stated date.
• How they can respond (phone/email) and who to contact.

Practical Tips Before You Use A Template

Templates can help you get started, but don’t treat them as “set and forget”. Small wording changes can make a big difference in an employment dispute.

Before sending any letter, check:

• your employment agreement’s abandonment clause (if any) and match the timeframe,
• the employee’s correct legal name and address details,
• how you want final pay handled if the employment ends, and
• whether you should invite the employee to a meeting rather than requesting a written explanation.

If you want your documents and process to line up cleanly, it can help to use a structured approach like a Employee Termination Documents Suite, especially when you’re managing multiple staff.

Abandonment Of Employment Letter Template (NZ Employers)

Note: This is a general guide only. You may need to tailor it to your situation, your employment agreement, and how long the employee has been absent.

Subject: Unauthorised Absence From Work – Request For Urgent Contact

Dear ,

We’re writing because you have been absent from work without approval and without notifying us.

Our records show that you have not attended work on the following day(s)/shift(s):

We have attempted to contact you to understand the reason for your absence, including:

• – Phone call to
• – Text message to
• – Email to

At this stage, we have not received a response from you.

Please contact urgently on or by to confirm:

• whether you intend to return to work, and
• the reason for your absence.

If we do not hear from you by the deadline above, we may consider that you have abandoned your employment. In that case, we may treat your employment as ended due to abandonment (and/or record this as a resignation) with effect from , in accordance with your employment agreement and our workplace procedures.

If there are circumstances affecting your ability to contact us, please let us know as soon as you are able. We are willing to discuss the situation and next steps with you.

Kind regards,

Should You Mention “Termination” Or “Resignation” In The Letter?

This depends on your agreement wording and the circumstances, because “abandonment” can be disputed if the employee later says they had a genuine reason for the absence.

• If your contract says abandonment is treated as a resignation, your letter should align with that language.
• If your contract says the employer may terminate for abandonment, you should be especially careful to show you followed a fair process and gave a real chance to respond.

Where it gets tricky is that abandonment can still end up looking like employer-initiated termination if your process is rushed or unclear. If you’re unsure, it’s safer to get advice early rather than trying to fix it later.

What Happens After You Send The Abandonment Of Employment Letter?

Once the letter is sent, the next steps depend on what the employee does (or doesn’t do) by the deadline.

If The Employee Responds

If the employee replies with a reasonable explanation (for example, illness, emergency, or a communication breakdown), you’ll generally want to consider next steps fairly, such as:

• requesting supporting information where appropriate (without being overly demanding),
• agreeing on a return-to-work date, or
• discussing leave options if they’re not fit to return immediately.

If the response suggests an ongoing performance or conduct issue rather than a one-off absence, you may need a more structured HR approach - for example, a Performance Management Process that matches your legal obligations.

If The Employee Doesn’t Respond

If the deadline passes with no contact, you may decide to treat the employment as ended due to abandonment, consistent with your employment agreement and the steps you’ve taken. In practice, many employers then record this as a resignation by abandonment - but it’s still important that your decision is based on a fair process and reasonable efforts to get an explanation, in line with good faith obligations under NZ employment law.

At that point, it’s important to document the outcome clearly. Many employers will send a follow-up letter confirming that, due to no response, the employment is treated as ended and confirming the effective date.

If you’re effectively ending the employment relationship, make sure your overall approach still aligns with lawful termination standards and a procedurally fair process. The end-to-end considerations in How To Terminate An Employee are a useful benchmark.

Final Pay, Holiday Pay, And Practical Wrap-Up

Even when an employee abandons their role, you’ll still need to handle final pay correctly. Depending on the circumstances, this can include:

• wages owed up to the last day worked,
• any outstanding annual holiday pay entitlements (paid out if employment ends),
• any contractual entitlements, and
• deductions only where lawful and agreed (be cautious here).

It’s also good practice to:

• record the employment end date and reason in your HR file,
• disable access to systems (emails, software, premises) to protect your business, and
• organise return of company property (keys, uniforms, devices) where relevant.

If your situation is escalating or you expect the employee may dispute what happened, it may be worth getting support from an Employment Lawyer before you finalise the outcome.

Covering Your Business: Why Process And Documentation Matter

For small businesses, abandonment can feel “obvious” - the employee just stopped coming. But in an employment dispute, what matters is whether you:

• acted in good faith,
• took reasonable steps to contact them,
• gave a fair opportunity to explain, and
• kept the process clear and documented.

That’s exactly what a well-written abandonment of employment letter helps you demonstrate.

Key Takeaways

• Abandonment of employment usually involves repeated absence without approval and without communication, suggesting the employee doesn’t intend to return.
• Your first step should be checking your employment agreement and policies - especially any abandonment clause in the Employment Contract.
• Before treating employment as ended, you should make reasonable efforts to contact the employee and keep written records of those attempts.
• An abandonment of employment letter should be factual, set a clear deadline to respond, and explain what may happen if there is no response.
• If the employee responds, you’ll need to assess the explanation fairly and consider whether a return-to-work plan or a Performance Management Process is more appropriate.
• If the employee does not respond, you may be able to treat employment as ended due to abandonment (and in many cases record it as resignation by abandonment) - but the outcome and wording should be consistent with the employment agreement and supported by a fair, well-documented process.
• Handling abandonment properly protects your business, reduces the risk of disputes, and helps you move forward confidently.

If you’d like help handling an abandonment situation or drafting an abandonment of employment letter that fits your business, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.