Mr Nehemiah Kamanda v House with No Steps

The applicant, Mr Nehemiah Kamanda, sought relief from his dismissal by the respondent, House with No Steps. The matter was heard in the Fair Work Commission, which exercises jurisdiction under the Fair Work Act 2009. The primary dispute was whether the Commission had jurisdiction to hear the application, specifically whether Mr Kamanda's dismissal was a "termination of employment" within the meaning of the Act. Mr Kamanda argued that the termination of his employment was unfair and that he was entitled to be reinstated or compensated. The respondent contended that the application was not within the Commission's jurisdiction as Mr Kamanda's employment had not been terminated.

The central legal issue before the Commission was whether the applicant's employment had been terminated. The respondent argued that Mr Kamanda's employment had not been terminated as he had not been given formal notice and had not been paid any redundancy or final pay. The Commission considered whether the resignation was valid and if it constituted a termination of employment. The applicant argued that the resignation was not valid as it was coerced and that he was effectively dismissed.

The Commission found that Mr Kamanda's employment had been terminated. It held that the resignation was not voluntary but was induced by the respondent's conduct, which amounted to a dismissal. The Commission determined that it had jurisdiction to hear the application and that the dismissal was unfair. The Commission ordered that Mr Kamanda be reinstated to his position or, alternatively, be paid compensation in lieu of reinstatement. The respondent was also ordered to pay costs.