It's a scenario most employers dread: an employee resigns and requests to not work their full notice period. Not only does this come with administrative hurdles, but the reduced handover timeline can exacerbate the numerous managerial challenges that come from employee turnover.
Megan Alexander, managing director of Robert Half New Zealand has two decades of recruitment experience and has seen a handful of employees not working out their notice periods before. She says “An employee not working out their notice period can leave even the best manager understaffed and underprepared. While frustrating, this situation can be handled professionally and efficiently with the right approach. As with most interpersonal situations in the workplace, the most mutually respectful path is often the most mutually beneficial as well. Even if navigating a contractual breach of duty, we still advise approaching the employee with clarity, collaboration and compromise.”
This guide will explore key steps to navigate an employee's early departure, minimising disruption and fostering a positive outcome for everyone involved.
Before jumping to conclusions, open communication is crucial. Initiating a conversation with the departing employee (if possible) can reveal the reason for their abrupt exit. Perhaps they have a personal emergency, secured a dream job with an immediate start date, or face unforeseen circumstances. Understanding their situation allows for a more empathetic and informed approach.
At the same time, use this dialogue to establish the priorities you need the departing employee to address in their remaining time. This could include updating their job description, tying up their contribution to a project, transfer working knowledge into a handover document, or delegate ongoing work.
As employees reach their final day, it is natural for motivation to wane though the expectation is that they will have fulfilled their handover duties well before that point. When dealing with an employee not working out their notice period, however, there is less time to manage the handover so it is of heightened importance to get the maximum amount of value out of their final days as possible to ensure an easier transition for the remaining team and new joiners.
Part of this process is ensuring a civil and productive working relationship during the notice period.
Throughout this interaction, prioritise professional and objective communication. Avoid accusatory language like "breach of contract" or "abandonment" that can escalate the situation.
Instead, focus on facts and solutions while maintaining a respectful tone to de-escalate the situation and protect your company's reputation.
When legal, contractual or procedural questions arise, consult with legal counsel or HR professionals to ensure compliance with New Zealand workplace law.
Focusing solely on enforcing consequences isn't always the most productive path when dealing with an employee not wanting to work out their notice period. Instead, demonstrate your commitment to a professional parting by focusing on finding solutions that benefit both parties while minimising disruption to ongoing projects.
If the employee has to leave suddenly but still has some availability to assist thereafter, it may be worth exploring whether they can take a short period of leave for a portion of their notice period.
Could the employee work remotely for a portion of their notice period to facilitate knowledge transfer and project completion? This arrangement allows them to fulfil some of their obligations while accommodating a level of flexibility that may better suit their personal situation.
This could include having the employee create a detailed handover plan during their remaining tenure, and then conducting training sessions, Q&As or further documentation of procedures remotely thereafter.
This comprehensive approach ensures a smoother transition for colleagues taking over their responsibilities, even if the employee isn't physically present in the office for the entire notice period.
An employee's abrupt departure can create stress and uncertainty for remaining team members. By proactively addressing these concerns through clear communication and support, you demonstrate care for your employees' well-being. This fosters a sense of teamwork during a challenging time and can protect morale and motivation.
Organise a meeting to explain the situation, acknowledge the additional pressure they might face, and express your appreciation for their willingness to pick up the slack.
At the same time, clearly delegate responsibilities and provide guidance on handling the workload. This minimises confusion and ensures everyone knows their role during the transition. At the same time, encourage collaboration and knowledge sharing among team members to ensure tasks are completed efficiently.
Every situation is an opportunity for growth. Utilise this experience as a learning opportunity to improve your employee engagement strategy and prevent future occurrences:
Exit interviews
If possible, conduct exit interviews with departing employees (regardless of notice period) to understand their reasons for leaving. This anonymous feedback can be invaluable in identifying areas for improvement in the work environment, such as compensation packages, career development opportunities, or communication channels.
Reviewing employee engagement practices
Analyse your company's current engagement strategies: Do they address common reasons for employee dissatisfaction, such as lack of growth opportunities or feeling undervalued? Consider conducting employee surveys or focus groups to gain insights into employee sentiment.
Consider whether their motivation to leave could have been addressed internally or if a shift in policy or management strategy would have enabled them to notify the company of their intentions further ahead of time.
Investing in employee development
Create opportunities for professional development and career advancement within your company. This can involve offering training programs, mentoring initiatives, or tuition reimbursement for relevant courses. By investing in your employees' growth, you incentivize them to stay and contribute their skills for the long term.
By taking a proactive approach to learning from an early departure, you can prevent future occurrences and build a stronger, more engaged workforce.
While not an obligation, consider offering support and guidance to the departing employee, particularly one whose rushed departure is due to extenuating circumstances.
This builds goodwill and potentially foster a positive relationship that benefits your employer brand in the long run. This could include providing positive references that highlight their skills and contributions, connecting them with relevant job search resources such as the Robert Half job board, or offering career coaching or career advice.
Navigating an employee's early departure requires a strategic approach in regard to the underlying contract of employment and NZ workplace law. Remember to utilise these tips while maintaining open communication and exploring mutually beneficial solutions.
Fostering a positive work environment that encourages responsible behaviour and professional conduct is crucial for retaining talent and minimising disruptive departures in
Our experienced team of talent specialists are here to help.
Can I make an employee work their notice period?
Each party's rights and obligations will be set out in the underlying contract of employment. Your company will need to consider all the relevant options available to it, noting the potential legal and contractual implications of any decision that is made.
What are my options if an employee wants to leave without working their notice?
There are a range of options available to employers in these circumstances. An employer can agree to waive all or some of the employee’s notice period or approve the use of leave. Any agreement reached with the employee should be in writing and signed by both parties. It is prudent to check with your legal or HR advisors to appropriately consider all the options.
Are there legal avenues available if an employee does not work out their notice period?
Potentially yes. Please ensure that you speak with your legal counsel /legal advisors regarding any options that may be available to your company taking into consideration the specific circumstances.
How do I handle a notice period not being worked due to illness or other personal circumstances?
Any application for leave will need to be submitted in accordance with your company’s policies. Relevant company policies, procedures and contractual obligations will need to be considered.
