Sacked Playford boss Mal Hemmerling was targeted by a partisan council, Supreme Court documents allege

Playford Council’s sacked chief executive Mal Hemmerling claims the “highly partisan” council took extraordinary actions against him, Supreme Court documents allege.

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Playford Council was “highly partisan” against its well-paid boss, a lawsuit alleges.

Mal Hemmerling was last week sacked as chief executive of the council in Adelaide’s northern suburbs for alleged repeated misconduct, including sexual harassment, just a day after launching legal action against his employer.

Mr Hemmerling — who was the state’s highest-paid council boss and was suspended for a month prior to his sacking — is seeking a Supreme Court injunction and unspecified damages.

Court documents allege the local authority — now headed by his former deputy Sam Green, 42 — “failed in its duty of care” while spending “substantial (public) funds and time seeking complaints against its CEO”.

Mr Hemmerling is seeking a Supreme Court judicial review to quash a council decision to send him home on full pay from his $372,978 a year job while in “election mode”.

He is also wants an injunction against Susan Zeitz, whose Melbourne-based mediation firm, Peacemaker ADR, investigated him over “wilful misconduct” allegations. He was later sacked over her findings.

He further wants to ban the council from being able to act upon any findings.

Sacked Playford Council chief executive Mal Hemmerling.

Sam Green is the acting Playford Council chief executive.

In a letter sent two days before his client’s sacking on Thursday night at a secret council meeting, Greg Griffin accused the “highly partisan” council of a witch-hunt during the caretaker period surrounding November’s local government elections.

The letter, contained in a court-filed affidavit from Dr Hemmerling, 72, claimed Mr Green’s office conduct was the “subject of adverse findings by highly experienced and reputable investigators”.

“The council has ignored the wellbeing of its CEO, who has given years of valuable service and has always been the subject of positive performance reviews,” he wrote.

“For reasons which are not clear it appears to have preferred the interests of (deputy CEO) Green over those of our client.”

Deputy Mayor Marilyn Baker refused to answer questions after elected leader Glenn Docherty excused himself over perceived “conflicts”.

In a statement issued through Ball PR, she said council “considered all and any relevant information presented to it”.

She said it “unanimously resolved” to sack the CEO in light of its inquiry.

Ms Zeitz, 60, refused to comment and referred inquiries to the council.