Former Torres Strait Islands councillor Aven Noah and wife sued over allegedly overpaying themselves wages
An ex-Mer Island councillor and his wife, have been accused of overpaying themselves more than $170,000 while working at a Native Title body corporation, with the couple denying any wrongdoing in documents filed in a Cairns Civil Court.
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A former Torres Strait Island councillor and his wife are defending claims they overpaid themselves more than $178,000 while working as the finance officer and Native Title Officer at Mer Gedkem Le (Torres Strait Islanders) Corporation Registered Native Title Body Corporation.
Mer Gedkem Le has lodged a civil claim in the Cairns courthouse registry, seeking restitution of $178,245 and interest, alleging Melora Noah, who was their finance officer between July 2017 and December 2020, had overpaid herself $111,594 and her husband, Aven Noah, $66,651 during their time as employees.
Mrs Noah had control of the corporation’s finances during this time, the court documents show, but Mer Gedkem Le claims Mrs Noah was not authorised to make payments beyond their award wages.
Documents filed in the Noahs’ defence argue the finance officer was authorised to make payments at their own discretion following changes passed at a 2015 board meeting.
The documents claim that Mr and Mrs Noah were entitled to additional “reasonable remuneration” because they were looking after a 16-bedroom guesthouse on Mer “for the benefit of Mer Gedkem Le and the Meriam people” outside their work hours and responsibilities.
The documents said Mr and Mrs Noah managed functions, including catering, and that a corporation director had, in the past, commented that they should ensure they were paid for their catering services.
“The directors authorised Aven and Melora to attend to matters required in and for the due and proper conduct of the accommodation business including oversight of bookings, purchases orders, invoices, laundry and housekeeping service, guest interaction and call-outs,” reads the Noahs’ response.
Mr Noah was elected as a Mer Island Division 15 councillor at the 2020 local government elections, and was also a board member of the Torres Strait Island Regional Authority.
Some of the overpayment allegations relate to Mr Noah’s attendances at meetings for the two bodies, which Mer Gedkem Le claims Mr Noah attended during paid work hours, doing business unrelated to his employment, and without taking leave.
Mr and Mrs Noah deny assertions made in Mer Gedkem Le’s claim the payments were “beyond their lawful entitlements”, and that they were not authorised or known. They also deny the payments breached their employment contracts.
The claim and notice to defend have been filed, but no listing or hearing dates have been set.
Mer Gedkem Le is a prescribed body corporate on Mer Island, and administers land on behalf of the Meriam people.
Information about the body corporate says the Meriam people’s ownership of Mer, Waier and Dauar Islands were recognised in two native title determinations: the Mabo decision and the Meriam People determination.
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Originally published as Former Torres Strait Islands councillor Aven Noah and wife sued over allegedly overpaying themselves wages
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