Simon Overland’s legal fight with Whittlesea Council could continue in federal court
An adverse action claim by former Whittlesea Council chief executive Simon Overland could be heading to the Federal Court after mediation talks failed.
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Legal disputes between Whittlesea Council and its former chief executive Simon Overland are continuing, with the matter set for Australia’s Federal Court, a councillor said.
It comes after the former Victoria Police chief commissioner lodged an “adverse action” claim with Fair Work Commission when councillors terminated his contract while he was on stress-related leave.
The Leader understands the matter was not settled at a recent mediation session between Mr Overland and the council.
Cr Lawrie Cox, who has worked in industrial relations for more than 30 years, said the matter would be referred to the Federal Court of Australia as per standard procedure.
“The process is an application is launched with Fair Work and then there is a mediation,” he said.
“The matter is either settled or proceeds to high court if both parties can’t agree on a settlement.
“So it’s up to Simon to have the matter heard in the Federal Court of Australia and apply penalties to the council or individual councillors.”
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Last month the Leader revealed the council hired top-tier law firm Herbert Smith Freehills to provide legal advice to councillors and staff over Mr Overland’s controversial sacking.
Former acting chief executive Kelvin Spiller said the council had racked up $93,000 in legal fees as a result.
Council spokesman Dean Jenkins said the figure was still the most recent and could not comment any further on the matter.
The Fair Work Commission said information on pending cases was only available to parties involved.