Playford Council CEO Mal Hemmerling sacked to ‘protect staff’, court documents show

A northern suburbs council at the centre of a mounting workplace dispute says it lawfully suspended its former chief executive and did so to protect its staff, court documents reveal.

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A northern suburbs council at the centre of a mounting workplace dispute says it lawfully suspended its former chief executive and did so to protect its staff, court documents reveal.

Playford Council argues a Supreme Court judicial review launched by the now-sacked Mal Hemmerling, 72, should be refused and quashed.

Court documents assert it lawfully suspended its $372,878 a year boss, just five days from last November’s council elections, to help protect staff and comply with health and safety laws.

It then hired an independent Melbourne-based mediation firm to investigate whether he “engaged in bullying and harassment behaviour of female staff … and other senior managers”, the documents assert.

Former Playford Council CEO, Dr Mal Hemmerling.

According to its formal response to Dr Hemmerling’s statement of grounds, the council also denies it unlawfully suspended him during election caretaker period.

The newly elected council voted weeks later to sack him. Dr Hemmerling, who denies any wrongdoing, is now preparing to amend his legal action to include a damages claim for unlawful dismissal.

In its response, filed with the court earlier this month, the council argues the judicial review action is futile given his sacking.

Court documents allege the Work Health and Safety Act 2012 superseded election laws while his suspension had “no legal effect on (his) rights and entitlements”.

“Even if the suspension decision were quashed, that would have no effect on the termination decision,” the documents state.

“There is no longer a suspension decision … that operate(s) with any effect on the legal rights, interest and entitlements of (Dr Hemmerling) … these proceedings are futile.

“None of the orders sought by (Dr Hemmerling) should be made. The decisions sought to be quashed have been superseded by the termination decision and are no longer operative … (and) have any legal effect.”

Ratepayers have already been hit with a hefty legal bill over the workplace crisis.

A Playford Council spokesman said: “Council continues to take the appropriate action to ensure a safe workplace for its staff who continue their focus on delivering high quality services to the community”.

Dr Hemmerling’s lawyer Greg Griffin said: “The response filed by the new solicitors for Council asserting that the proceedings have no utility because Council terminated Mr Hemmerling’s employment contract, based on a total misunderstanding of his legal position and rights, is at best novel.

“The Proceedings against Council will be amended … to include a damages claim for the unlawful repudiation of the employment agreement.”