City of Palmerston: Turfed manager Kylie Darley lodges unfair dismissal claim against NT council

A former manager at the City of Palmerston is taking the council to court over allegations she was unfairly dismissed after lodging a workers compensation claim in response to alleged bullying by a staffer she beat to the role.

The City of Palmerston has been hit with an unfair dismissal claim by a former manager who alleges she was let go after lodging a workers compensation claim. Picture: City of Palmerston

A former manager at the City of Palmerston is taking the council to court over allegations she was unfairly dismissed after lodging a workers compensation claim due to alleged bullying she faced from the woman she says she beat to the plum managerial role.

Kylie Anne Darley, currently of Tranmere, in South Australia, lodged an unfair dismissal claim with the Federal Circuit and Family Court of Australia earlier this year, seeking compensation, a pecuniary penalty, and reinstatement.

The council denies her allegations, calling for her claim to be dismissed.

According to her application, which was obtained by this masthead, Ms Darley was appointed the council’s general manager for community and regulatory services on September 25 last year, and dismissed on December 21.

Dismissed City of Palmerston manager Kylie Darley. Picture: LinkedIn

Ms Darley replaced Anna Ingram, who had been acting in the role for about 12 months and was in competition with Ms Darley to be appointed to the role on a full-time basis.

“Ms Ingram was, as a result and generally, difficult to manage, confrontational, combative, aggressive, and regularly refused to follow reasonable and lawful directions from the applicant, who was Ms Ingram’s line manager,” Ms Darley’s claim alleged.

Ms Darley said she was in regular communication with then chief executive Luccio Cercarelli, who has since been appointed to head the new CLP government’s Department of Local Government, Housing and Community Development, about the issues she was facing.

Luccio Cercarelli is the new head of the Department of Housing, Local Government and Community Development. Picture: Supplied

She claimed that in about mid-November, she and Mr Cercarelli developed a plan to performance manage Ms Ingram, to commence in January 2024 after the Christmas break.

The council’s HR manager, Emma Blight, was informed of the proposal, but following this, Ms Ingram made a bullying complaint against Ms Darley, leading to the latter being subject to a disciplinary process.

Ms Darley said she provided a “comprehensive response” to Ms Ingram’s bullying complaint on December 5 last year.

That same day, Ms Darley claimed she was certified as unfit for work “as a result of workplace bullying by Ms Ingram”.

Former City of Palmerston acting manager Anna Ingram. Picture: City of Palmerston

Two days later, Ms Darley made a workers compensation claim and gave notice to the council, she said.

On December 21, she said she was given her marching orders.

Ms Darley claimed her dismissal was in contravention of the Fair Work Act 2009, in that she was fired for exercising a workplace right to take personal leave to protect herself from an “unsafe workplace” and make a claim for workers compensation.

In her letter of dismissal, provided as part of her claim, the council’s deputy CEO, Amelia Vellar, told Ms Darley her employment had become “untenable” because she had breached both the code of conduct and her employment.

In its response to Ms Darley’s claim, the council said Ms Darley was dismissed because its investigation into the competing bullying claim by Ms Ingram had been substantiated, either wholly or partially, leading to a finding Ms Darley had engaged in “serious misconduct”.

Her taking of leave, and lodging of a workers compensation claim, had nothing to do with her dismissal, the council submitted.

The parties will attend a mediation conference on November 8.