Celand v Skycity Adelaide Pty Ltd

In *Celand v Skycity Adelaide Pty Ltd*, the applicant, Mr Celand, alleged that Skycity Adelaide Pty Ltd, the respondent employer, had taken adverse action against him in contravention of the *Fair Work Act 2009* (Cth). The dispute concerned the alleged constructive dismissal of Mr Celand, arising from a series of actions by his employer that he claimed altered his position of employment, leading to injury and discrimination. The matter was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether Skycity Adelaide had engaged in adverse action against Mr Celand because he had exercised a workplace right, and whether the employer's conduct amounted to a repudiation of the employment contract, thereby constituting a constructive dismissal. The Court was also required to consider the admissibility of evidence relating to settlement negotiations, specifically in light of section 131 of the *Evidence Act 1995* (Cth) and its exceptions.

Judge Brown found that the evidence did not establish a causal relationship between Mr Celand's exercise of a workplace right and the alleged adverse action. The Court determined that Skycity Adelaide's conduct did not amount to a repudiation of the employment contract, and therefore, there was no constructive dismissal. Regarding the evidence of settlement negotiations, the Court applied section 131 of the *Evidence Act*, finding that the evidence was not necessary to avoid the Court being misled and that the exception did not apply in this instance.