Court hears ‘scandalous’ material could be disclosed against former Burnside Council CEO Paul Deb in unfair dismissal case

There might be “scandalous” material revealed in Burnside Council’s defence against an unfair dismissal case brought by its former CEO, and it should be confidential, a court has heard.

Former Burnside chief executive Paul Deb who suing his former employer for unfair dismissal. Picture SARAH REED

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There could be “scandalous” material in a council’s new defence documents against an unfair dismissal claim lodged by its former chief executive, a court has heard.

Former Burnside boss Paul Deb is suing over his removal from the $220,000 a year job.

Now his lawyers want to vet the council’s defence for material that should be sealed from the public.

Previously published allegations against Mr Deb, 53, include that he was intoxicated at executive meetings, swore at councillors and ordered a colleague to conceal credit card receipts during an inquiry into spending.

The Supreme Court heard on Tuesday a court-mandated mediation last week had failed to resolve the dispute.

Lawyers for both Mr Deb and the council indicated that the matter would proceed to trial but there were still issues that needed to be settled by Supreme Court Master Judge Katrina Bochner.

Nicholas Swan, for the council, said it was ready to file an amended defence.

Former Burnside chief executive Paul Deb who suing his former employer for unfair dismissal.

But John Whitington, for Mr Deb, said the defence pleadings should be sent to his client first before being filed with the court.

“The subject of the amended pleading involves confidential matters. I would request that the pleading be furnished to us so that we can consider it,” Mr Whitington said.

“All will be revealed to Your Honour in due course. We are concerned that some matters referred to in correspondence could make their way into a pleading which we say will be scandalous and we would apply to strike it out.”

Judge Bochner said there was a distinction to be made between something scandalous and something confidential. Mr Swan argued Burnside residents could be interested in the new information.

“My general view is that pleadings are not confidential and attempts make them so are contrary to the Evidence Act,” he said.

“What the parties agree is one thing. What the court and the public have a proper interest in is another. I act for a local government authority which would need to consider the public interest.”

Mr Whitington said the council had not disclosed to Mr Deb minutes of an executive meeting where Mr Deb made comments about councillors, or a copy of the report which led to him being fired.

Judge Bochner adjourned the case until August for an argument about disclosure of documents and confidentiality.

Mr Deb was fired in June last year without warning.

The dismissal followed an internal investigation into his conduct.

Originally published as Court hears ‘scandalous’ material could be disclosed against former Burnside Council CEO Paul Deb in unfair dismissal case