Gympie Regional Council, Darren Cunningham clash over $50k sick leave

Gympie council and a former employee have clashed in the industrial courts. Here’s what the two sides have claimed so far.

Gympie Regional Council and an ex-worker (not pictured) are engaged in a battle over an unpaid $50,000 sick leave bill the worker said he was owed when he lost his job.

A South Burnett Regional Council worker has dragged Gympie Regional Council to the industrial courts over claims it failed to pay him out $50,000 in entitlements he was owed at the time his job was terminated.

Darren Cunningham made the complaint to the Queensland Industrial Relations Commission in June saying Gympie council did not pay him owed sick leave when he was made redundant last year.

Gympie council has challenged this, not only denying they had to pay him but asking for contracts between Mr Cunningham and his new employer to ensure he was not “double dipping”.

QIRC documents claim Mr Cunningham accumulated the leave while working at Ipswich City Council.

He subsequently joined Gympie Regional Council, transferring that leave across, but was made redundant in June 2020.

Mr Cunningham found new work with South Burnett council three months later.

In June this year, Mr Cunningham attempted to recover $50,000 in unpaid wages from Gympie council saying they should have been paid when he was made redundant.

Gympie Regional Council has asked for the contract details and any discussions between South Burnett Regional Council and Darren Cunningham about his leave to ensure there would be no “double dipping” on any unpaid entitlements.

In response, Gympie council said there was “no understanding the (Ipswich City Council) accrued sick leave would be able to be accessed by Mr Cunningham other than when he was ill while employed”.

Further, under the council’s Certified Agreement with its staff, Mr Cunningham was allegedly not entitled to the payout of his sick leave as he had not been with the organisation for five years or more.

The council also challenged whether Mr Cunningham had further transferred any or all of the unpaid leave to the South Burnett council when he started there.

This would put him a position to “double dip”, the council said.

It asked to be provided Mr Cunningham’s contract with South Burnett council and any correspondence between them to determine whether this had been the case.

Commissioner Roslyn McLennan agreed the council should be given these documents despite Mr Cunningham’s objections and said it would allow the council to determine if “double dipping” was possible.

The documents must be provided to Gympie Regional Council within seven days.

Originally published as Gympie Regional Council, Darren Cunningham clash over $50k sick leave