Judgment day looms for sacked CEO Sharon Kelsey after QIRC case finalised
The wait to find out if sacked Logan City Council chief executive Sharon Kelsey will be returned to her post is coming to a close after the Queensland Industrial Relations Commission finalised the case and is poised to hand down its judgment.
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The wait to find out if sacked Logan City Council chief executive Sharon Kelsey will be returned to her post is coming to a close after the Queensland Industrial Relations Commission finalised the case and is poised to hand down its judgment.
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The matter was last before the commission in a closed hearing on June 8, 9, 10 but no details about the outcome have been made public.
Suppression orders have been made and it is likely no judgment will be made public without a court ruling.
However, it is believed lawyers from both sides have liaised and a judgment was initially expected before the end of this month.
The case was for her reinstatement before her four-year contract expires in July next year.
Ms Kelsey, who is living in regional Victoria while she awaits the judgment, has not spoken publicly about the case.
After the judgment, the council will appoint a new chief executive officer, a role currently being undertaken by Acting CEO Silvio Trinca.
Under new rules, approved in February, the city’s 13 councillors are responsible for appointing and setting the conditions of employment for a CEO.
The council also appoints a recruitment panel, which vets candidates and then recommends those for the council to interview.
The council will then vote to appoint someone to the position.
Ms Kelsey first took her case to Queensland Industrial Relations Commission in December 2017.
She added to it in February 2018, after she was sacked, claiming seven councillors voted against extending her contract beyond a probationary period because she was a whistleblower who gave information to the Crime and Corruption Commission about travel expenses and the then-mayor Luke Smith.
Councillors received legal advice on February 5, 2018 that it would be unlawful to terminate her employment because of her disclosure to the CCC.
But two days later, she was voted out by the then councillors Cherie Dalley, Russell Lutton, Steve Swenson, Laurie Smith, Phil Pidgeon, Trevina Schwarz and Jennie Breene.
After she was sacked, Ms Kelsey was temporarily reinstated in March 2018 in a historic ruling from the commission, a decision overturned three months later by Industrial Court Justice Glenn Martin.
On April 26, 2019, the then mayor Luke Smith and the seven councillors were charged with fraud on the basis that they caused detriment to Ms Kelsey.
That case against the councillors is ongoing.
They unsuccessfully appealed to the Industrial Relations Commission to delay proceedings saying the likely publicity could prejudice the fair trial of the criminal charges.
That decision was appealed to the Industrial Court which dismissed the bid to delay, allowing Ms Kelsey’s QIRC case to proceed to finalisation in June.