KUMAR v JK HOSPITALITY NZ LIMITED [2025] NZERA 442

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).

In summary, He says he was constructively dismissed for all these reasons and seeks compensation of $7,200 or actual lost remuneration to April 2024 when he found new employment. After that, In the end, Mr Kumar resigned on 14 February 2024. Later, His text message stated: "I am resigning my position today, last day would be 28/92/2024 [sic] [eg 28 February 2024]. The determination records that For there to be a constructive dismissal, there must not only be a breach of duty by the employer, but also the breach must be of such a nature as to make the employee's resignation reasonably foreseeable.1 1 See Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140, (2011) 8 NZELR 604. The Authority notes that The Authority found that a failure to provide breaks and/or practical support under these circumstances was a breach of duty by the employer, and it was sufficiently serious to justify resignation.

Key case markers

• This determination comes from the Wellington registry.
• The parties are KUMAR (employee) and JK HOSPITALITY NZ LIMITED (employer).
• Hearing date noted: 2 April 2025.
• Authority member: Claire English.

Key events described (as described by the Authority)

• He says he was constructively dismissed for all these reasons and seeks compensation of $7,200 or actual lost remuneration to April 2024 when he found new employment.
• In the end, Mr Kumar resigned on 14 February 2024.
• His text message stated: "I am resigning my position today, last day would be 28/92/2024 [sic] [eg 28 February 2024].
• For there to be a constructive dismissal, there must not only be a breach of duty by the employer, but also the breach must be of such a nature as to make the employee's resignation reasonably foreseeable.1 1 See Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140, (2011) 8 NZELR 604.
• The Authority found that a failure to provide breaks and/or practical support under these circumstances was a breach of duty by the employer, and it was sufficiently serious to justify resignation.

Decision markers (as described by the Authority)

• The Authority found that a failure to provide breaks and/or practical support under these circumstances was a breach of duty by the employer, and it was sufficiently serious to justify resignation.

Orders and payments mentioned

• Lost wages / arrears: $16,971.95

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.