Mal Hemmerling claims wrongful dismissal — Playford Council to call ‘number of witnesses’
Playford Council will call a “significant number of witnesses” to defend its bitter legal fight against highly paid former boss Mal Hemmerling, a court has heard.
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An embattled northern suburbs council will call a “significant number of witnesses” to defend its bitter legal fight against its highly paid former boss, a court has heard.
The dispute came to the Supreme Court for the first time on Friday, almost three months after Mal Hemmerling, 72, was sacked as Playford Council’s chief executive officer.
Dr Hemmerling, the former Grand Prix and Sydney Olympics supremo, was dismissed for alleged repeated misconduct, including sexual harassment — claims he denies.
The state’s then-highest-paid council boss has launched a judicial review against his former employer over what he alleged was a botched workplace safety investigation.
On Friday, the court heard Dr Hemmerling — suspended before his sacking — was amending his lawsuit to now allege he was unlawfully dismissed from his $372,978-a-year role.
The court heard that a “significant number of witnesses” will be called by the local authority to help prove its case, which is expected to cost ratepayers more than $350,000.
The council, which represents some of the state’s most economically challenged areas, has refused to release its legal bill for the past 23 days.
The parties will try to settle the row, the court heard.
John Whitington, for Dr Hemmerling, on Friday sought a variety of legal procedural orders from Justice Kevin Nicholson.
He asked that the council set out in specific details of any misconduct.
Asked by the judge if he anticipated a complex legal trial, Mr Whitington replied: “Our case is very short and simple — we have a contract, it has been terminated.
“Our friends (have alleged) wilful and serious misconduct, which they have to prove.
“It is not complex in any legal sense, put it that way.”
But Damian O’Leary, for the council, told the court that he disputed many of the orders sought and flagged it seeking costs on the now “abandoned” judicial review.
“There will be a significant number of witnesses to be called,” he said. “This is not a one- or two-day matter.”
The court heard that Dr Hemmerling would drop his legal action against Melbourne-based Susan Zeitz, of dispute resolution firm Peacemaker ADR.
The council had hired the lawyer to investigate the allegations against Dr Hemmerling, who had previously been accused by a young female employee of making inappropriate comments.
Justice Nicholson ordered the parties file new claims and defence and to attend a mediation hearing on a date to set.
Dr Hemmerling, who denies any wrongdoing, did not attend the hearing.
He also threatening defamation action against Playford deputy mayor Marilyn Baker.
The case returns to court in April.
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