Kangaroo Island Council’s overtime stoush with former CEO Andrew Boardman hits court

Kangaroo Island Council is suing its former boss to recoup almost $62,000 in overtime pay – but he says they agreed to pay for his long hours.

Kangaroo Island Council’s former boss says it was “implied” in a work agreement that excessive time off in lieu could be cashed out, as the council seeks to recover almost $62,000.

The council has begun action in the Adelaide Magistrates Court against former chief executive Andrew Boardman, who worked in the role from 2011 until 2019.

It claims Mr Boardman was not entitled to $57,701 in overtime payments he received after they were signed off by former mayor Peter Clements.

They related to claims made between May 2015 and December 2017.

In its statement of claim, the council said Mr Clements was not authorised to approve Mr Boardman’s overtime payment requests, and payroll staff processed them by mistake.

It said the overtime payments were not authorised by the Local Government Act.

The council wants Mr Boardman to repay the money, and to cover its court and legal costs.

An inquiry last year by State Ombudsman Wayne Lines found the payments, totalling $57,701, were not authorised under the former chief executive’s employment agreement.

Kangaroo Island chief executive Andrew Boardman.

He recommended the council make steps to require Mr Boardman to pay back “any additional financial payments not made in accordance with his EA (employment agreement)”.

Mr Lines said the “informal arrangement” was not “dishonest”, and that it appeared Mr Boardman and Mr Clements “honestly believed” the deal was appropriate.

The council in 2019 sacked Mr Boardman for alleged wilful misconduct after an independent investigation into a “number of matters” but did not elaborate.

In the court documents, the council said Mr Boardman’s termination was over misconduct unrelated to its claim.

In his defence, Mr Boardman denied the payments were made in error.

He referred to a report the council considered in January 2014, from the CEO’s performance review panel.

It stated that new working arrangements had been agreed allowing him to work a day on either a Saturday or Sunday over three weekends to allow him to spend extra time with his family and to attend to “outstanding council matters”.

A report to the council in January 2018 set out the history and justification for payment of a cash equivalent to reduce accumulated time off in lieu days paid “at the basic cash day rate” with superannuation removed and tax paid.

Another report to elected members in February 2018 followed a councillor’s question about whether the CEO was entitled to the additional payments and if the mayor had authority to sign off on the days “whether taken as days off or paid in lieu of taking them off”.

The report said the mayor did have the authority.

Mr Boardman said it was an “implied term” of the TOIL arrangement that excessive accumulated days could be cashed out for the benefit of himself and the council.

He said he continued to work excessively long hours, relying on the fact that the days could be cashed out.

The case is listed for a directions hearing on June 22.

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