Salary in lieu and breach
Either party can end employment before notice expires by paying the salary that would have been earned during the required notice period. Where a party breaches employment terms, employment may be ended without notice and the breaching party must pay salary in lieu. If salary remains unpaid 7 days after it is due, an employee can leave without notice, but should first ask the employer why payment has not been made.
Continuous unauthorised absence
An employee breaches the contract by being continuously absent for more than 2 working days without approval and a good excuse, or without informing or attempting to inform the employer of the reason. A public holiday does not turn the absent days into authorised absence.
| Sequence | Earliest termination in the example |
|---|---|
| Monday and Tuesday unauthorised absence; Wednesday public holiday; Thursday unauthorised absence | Thursday |
| Monday approved unpaid leave; Tuesday unauthorised absence; Wednesday public holiday; Thursday and Friday unauthorised absence | Friday |
Changing terms and additional compensation
An employer cannot change employment conditions without employee consent. Negotiate an acceptable agreement; if none is reached, either party may serve notice or pay salary in lieu. A contract may impose additional monetary compensation for leaving before a specified period. Such clauses fall outside the Employment Act’s coverage and depend on the contract; obtain legal advice and use civil proceedings where necessary.