Sacked council manager’s $120k cash plea

A veteran Queensland council manager who alleged he was owed $117,000 in unpaid allowances has been dealt a blow.

Jason Plumb.

A veteran Queensland council manager who asked a workplace tribunal to award him $117,00 in alleged unpaid allowances and to rule he was unfairly sacked, has had this case thrown out.

In his decision handed down on July 10, Queensland Industrial Relations Commission deputy president John Merrell dismissed ex— Rockhampton Regional Council (RRC) staffer Jason Plumb’s bid.

Dr Plumb, who was the manager of Fitzroy River Water, took his case to the QIRC claiming the RRC breached workplace laws banning unlawful adverse action, objectionable contract terms, coercion, and undue influence or pressure when he claims he “was coerced into signing” a settlement deed on October 7, 2021.

He alleged he was coerced into signing the deed because his termination payment was contingent on executing the deed.

Dr Jason Plumb used to work for Rockhampton Regional Council as the manager of Fitzroy River Water, he started the job in 2008 and he left in October 2021.

He claimed the deed was signed two days after council terminated his employment contract.

Dr Plumb, who worked for the council since 2008, claimed in the QIRC that he would only get “all my lawful pay entitlements” if he signed the deed.

He claimed he was owed $117,000 for unpaid on-call allowance.

But Mr Merrell found that Dr Plumb’s claims of undue influence, adverse action were misconceived and declined to award him the $117,000.

Mr Merrell stated that the claim for the $117,000 was invalid because the same claim was also “presently before” the Industrial Magistrates Court, and it would be an abuse of process for the QIRC to rule on the matter.

He also dismissed Dr Plumb’s claim that the parts of the deed were objectionable.

Seven other claims that Dr Plumb initially made when he filed his application in 2021 were abandoned by the time of the hearing in May this year, the decision states.

Dr Plumb unsuccessfully claimed that “council knew” he had “personal financial pressures” at the time of his sacking and that they were aware “of the implications of my employment being terminated on my financial situation”.

He claimed senior council management - specifically council’s workforce and strategy manager Tracy Sweeney and general manager of regional services Peter Kofod were aware that he was separated from his wife earlier in 2021 and “for the first time in a number of years” needed a mortgage to buy a home.

Rockhampton Regional Councils Regional Services General Manager Peter Kofod

He claimed that on the day of his sacking on October 5, council’s chief executive, and two other senior employees entered his office “unannounced” in a “highly intimidating” manner when they closed the door behind them “without asking” to hand him a letter about his contract being terminated.

“The three employees of the council intended to exert pressure in a practical and physical sense that negated any choice I might have had to obtain benefit or any advantage in relation to my entitlement to natural justice or procedural fairness,” Dr Plumb claimed.

Dr Plumb argued he was unlawfully, unconscionably and intentionally provided with no opportunity to be prepared to receive the decision that his contract had been terminated.

But Mr Merrell ruled that Dr Plumb’s claim “cannot competently allege coercion”.

“On the material facts alleged by him, unilateral action was taken by the Council to end his employment,” Mr Merrell wrote in his decision.

“As a consequence, Dr Plumb had no choice to make about a workplace right to exercise,” he wrote.

Dr Plumb now works for the state environment, tourism, science and innovation department as a compliance delivery manager, according to LinkedIn.

Originally published as Sacked council manager’s $120k cash plea