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Suspended Parramatta Council CEO Mark Stapleton suffers legal blow

There are renewed calls for Sydney’s second biggest council to bite the bullet and pay out suspended CEO Mark Stapleton following the latest dramatic legal twist in the “farcical” dispute.

Suspended CEO Mark Stapleton has had a legal setback as he fights to keep his job at Parramatta Council.
Suspended CEO Mark Stapleton has had a legal setback as he fights to keep his job at Parramatta Council.

There are renewed calls for Parramatta Council to bite the bullet and pay out suspended chief executive officer Mark Stapleton following the latest dramatic legal twist in the “farcical” dispute.

On Monday, Supreme Court Justice Francois Kunc threw out Mr Stapleton’s case against council, in which he was granted an injunction a week earlier preventing his employer from terminating his services.

Mr Stapleton’s barrister, John-Paul Redmond, was seeking to extend the temporary order before a full hearing of the case.

Lord Mayor Andrew Wilson with Mark Stapleton after the latter’s appointment as CEO in June last year.
Lord Mayor Andrew Wilson with Mark Stapleton after the latter’s appointment as CEO in June last year.

The Judge found there was no imminent threat of Sydney’s second biggest council sacking Mr Stapleton and awarded costs to the council.

It is estimated Mr Stapleton has earned more than $215,000 for staying home since he was suspended on full pay five months ago. He was investigated for allegedly faking his CV, which he denies.

An independent report, tabled at an extraordinary meeting on February 4, is believed to have found some holes in his work history, although the findings were inconclusive.

It was revealed in court on Monday that under the terms of Mr Stapleton’s contract, his employment can be terminated without any reason by giving 38 weeks’ written notice.

Independent councillor Lorraine Wearne said the matter needed to be resolved immediately to end the uncertainty for hundreds of staff and the broader community.

“It’s actually been a matter of urgency from day one,” Cr Wearne said. “This situation creates a sense of uncertainty for everyone.

Cr Lorraine Wearne, who is also a lawyer, has called on council to swiftly end its relationship with suspended CEO Mark Stapleton.
Cr Lorraine Wearne, who is also a lawyer, has called on council to swiftly end its relationship with suspended CEO Mark Stapleton.

“Parramatta Council is a very large body and it needs a level of confidence at the top. And while this sort of nonsense is going on, how can we establish everything is going smoothly in the city?

“I find the whole thing annoying and farcical because we have some great stories to tell about what council is doing to improve the city.

“We all need to move on.”

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A council spokeswoman said it welcomed the court’s ruling in its favour on Monday.

“The court has confirmed that council has been acting appropriately in relation to this matter,” the spokeswoman said.

“It held that the evidence did not disclose any imminent threat that council was to wrongfully dismiss Mr Stapleton.

“Council welcomes the court’s decision to award the City of Parramatta Council its full costs and notes that it found the continuation of the injunction had no merit.

“In line with the council resolution of February 4, council is continuing its negotiations with Mr Stapleton.”

Mr Stapleton did not respond to a request for comment.

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Original URL: https://www.dailytelegraph.com.au/newslocal/parramatta/suspended-parramatta-council-ceo-mark-stapleton-suffers-legal-blow/news-story/e1e0d7ca3ce2759b447432e198fe3f66