Explosive claims against sacked Playford Council chief executive Mal Hemmerling revealed in court documents

Explosive allegations have been made against sacked Playford Council chief executive Mal Hemmerling — the highest paid local government employee in the state’s history — in documents lodged with the Supreme Court.

Sacked Playford Council boss Mal Hemmerling faced explosive allegations in the Supreme Court.

• Mal Hemmerling claims wrongful dismissal from Playford
• Hemmerling threatens to sue council over ‘false’ claims

Former Playford Council chief executive Mal Hemmerling behaved inappropriately towards seven female employees, resulting in his sacking, court documents reveal.

Council lawyers have obtained statements from the women as part of its defence against court action launched by Mr Hemmerling.

Councillors voted to terminate his $372,978-a-year contract – at the time the highest-paid council boss in the state – after receiving a confidential report from a Melbourne-based human resources consultancy, Peacemaker.

The council’s statement of defence details how seven women alleged Mr Hemmerling had sexually harassed them between 2014 and 2018 by either making inappropriate comments or physical contact.

In the documents lodged with the Supreme Court, the council has alleged the incidents took place at the council’s civic centre at Elizabeth or its nearby operations centre at Davoren Park.

The defence papers allege Mr Hemmerling:

PUT his hands on a female employee’s back in 2017 before telling her he wanted to marry her.

APPROACHED a female employee at a staff Christmas party in 2017 and told her he wanted to sit on her lap.

PULLED back the hair of a female employee in late 2013 or 2014, blew in her ear and said words to the effect of “look at you, the guys in the workplace are crazy”.

MADE numerous references between 2012 and 2015 about the appearance of a female employee before saying words to the effect of “marry me”. When the woman responded that she thought the comments were inappropriate given Mr Hemmerling’s age and marital status, he allegedly responded: “Where there is a will, there is a way”.

The life and times of Mal Hemmerling

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WHEN a woman was suffering muscle soreness from running in May 2014, Mr Hemmerling allegedly appeared behind her and began massaging her neck and shoulders.

AFTER a female employee got married, Mr Hemmerling allegedly said words to the effect: “What are you doing, that’s another one off my list”.

BETWEEN March and October, 2018, he allegedly approached the woman in the Playford Operations Centre cafe, put his arm around her waist and pulled her close to him. He allegedly said words to the effect “how’s my girl going” before squeezing her waist and buttocks.

IN October 2017, Mr Hemmerling allegedly told a female employee in the City of Playford staff lunch room that “you should keep your hands off him (her partner) and get some sleep, it’s not good for you young lady”.

HE then allegedly approached her from behind and said words to the effect: “We need to stop meeting like this, we might make him jealous”.

AT various times during 2017 and 2018, Mr Hemmerling allegedly approached or walked past a female employee and winked at her, watched her while she walked past and said words to the effect: “I’m going to make my move”.

In her report to council last November, Peacemaker consultant Susan Zeitz detailed how a culture of bullying and harassment existed within the senior levels of the council.

She interviewed numerous staff, including the women who made the allegations against Mr Hemmerling.

Mr Hemmerling is seeking damages of $348,995 claiming he was denied procedural fairness before he was unfairly dismissed.

His lawyer, Greg Griffin, also is arguing Mr Hemmerling was unlawfully suspended on full pay by elected members who legally could not make such a decision while in caretaker mode before last November’s local government elections.

Asked to comment about the council’s statement of defence, Mr Griffin said it had been seen by Mr Hemmerling.

“In our view it is defective and we will be giving their solicitors the opportunity next week to file a defence that is compliant with the Supreme Court rules,” he said.

“Failing an acceptable response to that request, our instructions are to apply to strike out council’s defence.”

Mr Griffin said Mr Hemmerling could not respond to the individual allegations made by the council employees because he did not know their identities.

“It is part of a continuation of the denial of procedural fairness that has dominated this process run by council,” he said.

“That (the identities of the women) will be part of the request to their lawyers for particulars next week.”

The matter returns to the Supreme Court on April 12.