Authority warns good intentions don't cure procedural shortcuts on 90-day trials
An Auckland accounting firm's attempt to soften a trial-period dismissal by offering resignation has cost it $7,000 after the Employment Relations Authority ruled it amounted to constructive dismissal.
In a determination released on 20 April 2026, Authority member Simon Greening found that BDS Chartered Accountants Limited unjustifiably constructively dismissed administrator Courtney Jansen, even though the firm believed it was acting compassionately.
Jansen started at the small Auckland firm on 4 November 2024 under an employment agreement containing a valid 90-day trial provision. By early December, cracks were showing. After a colleague resigned, she found herself managing five inboxes and juggling 44 of the 130 tasks on the firm's administrative master-list, while still learning the ropes.
On 9 December 2024, she emailed external HR consultant Sharon Searle to flag her workload. Three days later, she sent another email saying training had been "quite unorganised and messy" and that she was aware assistant manager Isa Taylor was frustrated with her progress. In that second message she added: "I would just like for you to keep a record of me recognising this for future reference if required as I have gathered I need to be able to hold my own against both Peter and Isa performance wise and be able to explain short comings."
The firm responded by meeting with her on 11 December 2024 and...
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