When an Employee Walks Without Notice

A common question we are asked is ‘what can an employer do when someone leaves without giving their required notice?’ Our response is usually a practical one – it depends on how much time and money you want to spend on pursuing the issue.

A recent Employment Relations Authority decision addressed the question when Armour Group Ltd from Timaru was awarded $3,000 from their ex-employee for his failure to give notice without reasonable cause.

The employee, Mark Robinson, was employed as an unqualified builder. On 19 January 2023 he abruptly walked off the job giving no reason, drove himself home in the company vehicle, and did not return to work. The company vehicle was returned, however, the company claimed that tools and equipment were missing from the vehicle when it was returned, and they notified Mr Robinson of their intent to seek consent to deduct the value of the missing items from his final pay.

Mr Robinson informed the employer he did not give consent for the wage deduction to occur. Before any deductions are made from pay an employer must have written consent from an employee. An employee has the right to withdraw consent for a wages deduction at any time, even if the consent is specified in the Employment Agreement.

In his response to the missing items, Mr Robinson also made some non specific claims that colleagues had defamed him. He didn’t say who or what was said or when.

The employer took the matter to the Employment Relations Authority seeking damages for Mr Robinson’s breach of his employment agreement in failing to provide notice of his intention to resign. Mr Robinson did not appear at the hearing. The Authority member concluded that Mr Robinson’s actions amounted to “an abandonment without good reason” of his job and that his failure to give a month’s notice was a breach of his employment agreement and awarded the $3,000.

While this was a good principled win for the employer, our advice would continue to be practically based. If an employer is represented at an Authority hearing it is likely to cost several thousands of dollars. If you win, and costs are awarded against the employee, it is probable you will only get a fraction of the actual costs back, and that’s if the employee actually pays up.  This case, despite the award against the employee, likely cost the employer more than they received. That said, sometimes the cost of making a point is worth it.