Prominent Adelaide Law firm accuses council of not paying legal fees
A prominent Adelaide law firm has taken Burnside Council to court over alleged unpaid legal fees incurred by former chief executive Paul Deb.
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A prominent Adelaide law firm has taken Burnside Council to court over thousands of dollars in alleged unpaid fees.
In documents tabled at the Adelaide Magistrates Court and seen by The Messenger, GMG Legal Services has asked the council to pay nearly $7400 for advice received by former chief executive Paul Deb.
Mr Deb was dismissed without notice in June last year following allegations he made negative comments about councillors.
Documents reveal Mr Deb sought legal advice from GMG after a complaint was made to him by a councillor in October, 2018, relating to email comments by two senior managers.
Mr Deb investigated the matter and, following legal advice from GMG, issued a final warning letter to both managers that would remain on their personal records for 12 months.
However, documents show that one of the managers lodged a “grievance notification” with the council against the disciplinary action taken by the former chief executive.
Mr Deb received a legal letter on February 22 last year from law firm HWL Ebsworth – “purportedly acting for the council”, according to the court documents.
That letter sought disclosure of any written legal advice and a summary of any verbal legal advice relating to a complaint made by the manager.
GMG lawyers, on behalf of Mr Deb, then advised Ebsworth that disciplinary action against council staff, such as the manager, “are the purview of the CEO rather than the elected members of the council and as such the requested information would not be provided by Mr Deb”.
Ebsworth then advised Mr Deb that the manager’s grievance notice would be considered at a special meeting of elected members on March 14, 2019.
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The final warning issued by Mr Deb to the manager was overturned at that meeting.
Mr Deb then sought further legal advice from GMG on the legality of the resolution to interfere with the disciplinary action he had taken against the manager.
Next, following a secret meeting of the council, Mr Deb had his employment terminated without notice.
GMG now claims the council owes a total of $7400 in unpaid legal fees for the advice given to Mr Deb.
The council has not paid up, and stated its refusal to pay last year in a letter dated September 19, the court documents show.
A directions hearing has been set for July 10.