Logan council’s sacked CEO to fight on

The former Logan council chief executive whose dismissal led to fraud charges against eight councillors will appeal her failed unfair dismissal case in Queensland’s Industrial Court.

Former Logan City Council CEO Sharon Kelsey will appeal her failed unfair dismissal case. Picture: Dan Peled

The former Logan council chief executive whose dismissal led to fraud charges against eight councillors will appeal her failed unfair dismissal case in Queensland’s ­Industrial Court.

Sharon Kelsey has lodged an intention to appeal the decision handed down in April, but will ­require special approval to proceed given the delay in making the submission.

Seven of the former councillors sacked by the state government after they were charged by the corruption watchdog are considering a compensation claim against the state.

The charges against the seven were dropped in April, two years after they were used as grounds to dismiss the entire council. They were charged with sacking Ms Kelsey as retribution after she turned whistleblower against former mayor Luke Smith.

Industrial Court judge Peter Davis last week ruled that Ms Kelsey must cover Mr Smith’s legal fees – estimated to be about $30,000 – after she decided to no longer list him as a respondent in the appeal to the Queensland ­Industrial Relations Commission decision against her reinstatement.

It is understood the councillors will await the result of a parliamentary inquiry into the Crime and Corruption Commission’s ­investigation before seeking a ­payment from the state to cover the terminated portion of their contracts as well as possible future earnings.

On Monday, submissions closed to the parliamentary ­inquiry, which was called in June after accusations that the CCC had improperly conducted its investigation and sought to involve itself in Ms Kelsey’s civil proceedings in the QIRC to aid its whistleblower.

Ms Kelsey made her public ­interest disclosure about alleged misconduct two days after issues were raised by Mr Smith and two other councillors in a performance review meeting.

On April 21, three weeks after the QIRC decision against her ­unfair dismissal case was handed down, Ms Kelsey told the court she intended to appeal, listing Mr Smith as a respondent.

In a later submission, Mr Smith’s name was not included, however he had already incurred legal costs in preparing a defence.

Further, Ms Kelsey’s appeal was non-compliant with court rules and she will have to convince the court to allow it to proceed. A hearing has been set down for ­August 25.

Ms Kelsey’s lawyer, Minter ­Ellison partner Dan Williams, was given approval by the firm’s leadership team to continue to act for her, despite her having legal fees outstanding.

Legal firm McInnes Wilson, which represented some of the councillors, has submitted a costs order to the QIRC.