Mal Hemmerling threatens to sue Playford Council deputy mayor Marilyn Baker over ‘false’ claims in press release

Ex-Playford Council boss Mal Hemmerling is threatening to sue the council’s deputy mayor over a “defamatory” and “inaccurate” press release issued a day after The Advertiser revealed he had been sacked.

Former CEO of Playford Council, Mal Hemmerling with mayor Glenn Docherty. Picture: AAP / Morgan Sette

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Ratepayers in Adelaide’s north face a potential damages payout worth hundreds of thousands of dollars to their embattled council’s former highly paid boss over an alleged defamatory press statement issued by its deputy mayor.

Ex-Playford Council chief executive officer Mal Hemmerling, 72, was sacked for alleged repeated misconduct and sexual harassment, a day after he launched legal action against his former employer.

But the former Grand Prix supremo is now threatening to sue its deputy mayor Marilyn Baker over “false” public claims she made about the crisis.

If she refuses to publicly apologise, make a financial settlement offer and pay legal costs by next month, Dr Hemmerling has foreshadowed Supreme Court defamation action.

Legal documents state any financial settlement would be “in lieu of damages”.

Ratepayers, however, will be forced to pay if Dr Hemmerling sues successfully or the row later settles.

The council said its ratepayer-funded lawyers were acting for Ms Baker to “defend” them while she “will not personally be exposed” to any lawsuit as local government laws protect her from any damages or costs.

Playford Council deputy mayor Marilyn Baker in the council chamber. Picture: Colin James

The state’s previously highest-paid council boss is already seeking a Supreme Court judicial review to quash Playford’s decision to suspend him on full pay from his $372,978-a year job while in “election mode”.

His claim will be expanded to include damages for his “unlawful dismissal”.

Dr Hemmerling, who denies any wrongdoing, alleges a press statement issued in Ms Baker’s name, and distributed by a corporate public relations firm the day after he was sacked, was “egregiously defamatory” and “replete with factual inaccuracies and errors”.

He alleges the December 7 statement, issued after The Advertiser’s inquiries and an online story revealing his dismissal, made several false claims about him, and an internal inquiry into his conduct.

Ms Baker, a local resident since 1958 who is the public face of the workplace dispute — after mayor Glenn Docherty excused himself over “conflicts” — and her elected colleagues had a “fundamental misunderstanding” of the row, according to a legal letter from Dr Hemmerling’s lawyer Greg Griffin.

The letter, a copy of which has been obtained by The Advertiser, alleges the Ball PR-issued statement wrongly claimed he would not participate with the investigation.

It also alleges claims that he sexually harassed, bullied or threatened staff while engaging in mismanagement and unsafe work practices are false.

“Fundamentally, there has been a complete failure by the council to afford procedural fairness and natural justice to (him) as a result of precipitous manner in which the council rushed to make its decision to ‘immediately dismiss’ (him),” the December 12 letter states. Mr Griffin would not comment.

Ratepayers, who live in some of the state’s most economically challenged areas, are already facing costs of more than $200,000 after at least five law firms and three HR companies were retained.

It is believed law firm Norman Waterhouse is now representing the council despite earlier claiming it had a conflict.

Despite having several highly paid media advisers, the council has hired Ball PR to handle press inquiries but has refused to detail its cost. In a statement issued by the PR agency, it said all spending “will be managed” within budget. Neither Ms Baker nor acting chief executive Sam Green returned calls.

Mr Green, 42, paid $273,270 with a ratepayer-funded car as deputy CEO, has refused to respond to a claim he was part of an “internal coup” against his former boss. He remains in his job despite a junior colleague alleging serious bullying.

In a statement issued by Ball PR, the council said it would “contest any defamation proceedings”.

“Deputy Mayor Baker fulfilled her responsibility as public spokesperson for council’s decision to terminate (his) employment,” it read. “Ms Baker will not personally be exposed should this matter proceed.”