Suspended Mt Remarkable District Council chief executive Wayne Hart forces dispute to mediation
A legal dispute between a small regional council and its suspended chief executive has escalated, with the highly-paid executive taking legal action to stop being sacked by its elected members.
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A workplace dispute between a small regional council and its chief executive — suspended over allegations of bullying and misconduct — has been sent to mediation.
Mt Remarkable District Council chief executive Wayne Hart has obtained urgent orders in the Employment Tribunal after seeking an interim injunction to stop his sacking.
Mr Hart, 65, was suspended following an investigation by a human resources consultant, Robert Wallace, into allegations staff had been bullied.
Mr Wallace also examined concerns raised by Mayor Phillip Heaslip about the council’s procurement procedures, credit card use, banking and tendering processes.
Five of the council’s six elected members voted in March to order the confidential investigation after granting permission for Mr Heaslip to obtain legal advice about the allegations involving Mr Hart and his deputy, Jessie White, which they are disputing.
The decision came a month after a sixth councillor, Vicki Morley, quit in protest over council’s handling of the dispute.
Mrs Morley told local media she had disagreed with how the council had handled allegations of bullying within the council since they were raised by another elected member late last year.
She walked out of a special council meeting in February when councillors met again behind closed doors to discuss Mr Hart while he was on annual leave.
Mrs Morley’s resignation has forced the council to declare the position vacant, with nominations closing next week for a by-election in June.
Mr Hart and Mrs White were stood down in March over Mr Wallace’s report, with Mrs White subsequently lodging action in the Employment Tribunal to force the council to honour a contract renegotiated earlier this year.
Mr Hart — who is on an $220,000 salary package — then lodged his application for an interim injunction, which was granted at a closed hearing.
In the application, Mr Hart’s lawyer, Greg Griffin, said Mr Hart had been “suspended from his employment pending an investigation into alleged breaches of Section 107 of the Local Government Act”.
“The applicant (Mr Hart) seeks urgent injunctive relief to prevent the respondent (the council) taking steps to terminate the applicant’s employment agreement,” it said.
Mr Griffin told The Advertiser the dispute had been referred to mediation next month.
“There are proceedings in the Employment Tribunal for Mrs White in respect of enforcing a five-year contract entered into in January,” he said.
“In respect of Mr Hart, various matters have been brought into the public arena by a previous councillor (Mrs Morley) and we are just dealing with those issues.”
Mr Hart’s performance has been discussed by councillors behind closed doors seven times since last August, with the most recent meeting three weeks ago receiving legal advice from Adelaide law firm Norman Waterhouse about his possible termination.
An acting chief executive appointed last month, Colin Davies, since has told the council he does not wish to continue in the position.
At the meeting which voted to appoint Mr Davies, councillors passed a motion saying it was an opportunity “to steady the ship” and “build positive relationships with council employees and councillors”.
Three weeks later executive secretary, Catherine Battersby, resigned while the council’s works director, John Hadley, has been on “gardening leave” until his employment contract ends in June.
Mr Heaslip has declined to comment on legal advice.