Wagga Wagga City Council will fight an unfair dismissal claim brought by its former general manager, maintaining in court documents he was sacked because of "serious and persistent" breaches of his employment agreement.
Alan Eldridge is seeking more than $1 million in damages in the Supreme Court over his 2017 sacking from the top job.
His four-year contract — worth almost $400,000 a year — was terminated just 13 months into in the role, following an investigation by the Independent Commission Against Corruption (ICAC).
The ICAC investigation was sparked two months before Mr Eldridge's departure when the council reported concerns he had failed to declare an interest in a property development led by his son and subject to council rezoning.
The investigation found there was insufficient evidence to prove serious or systemic corrupt conduct by Mr Eldridge.
According to documents filed in the Supreme Court, Mr Eldridge claims he was sacked without notice despite carrying out his duties in accordance with the terms of his employment agreement and he had never committed an act that warranted him being summarily dismissed.
But in the council's filed defence, it alleges Mr Eldridge breached a series of terms in his employment agreement, including:
- failing to disclose pecuniary interests
- failing to comply with pecuniary interest obligations
- incurring expenses paid for by council or reimbursed that were personal in nature
- engaging in outside employment without the knowledge or approval of the council
- using a council letterhead to issue a press release about his personal matters
- failing to promote ethical work practices
- failing to comply with his duty to act honestly and exercise a reasonable degree of care and diligence
- not disclosing or managing conflicts of interest
- failing to seek appropriate approval and retained solicitors to take advice on a personal matter
- failing to comply with the Local Government Act
The council said it would provide evidence of these alleged breaches when the matter returned to court, but its defence stated a final warning was issued to Mr Eldridge in November 2016 regarding his inappropriate conduct.
The following month, council alleges, a complaint was made by a staff member about inappropriate comments made by Mr Eldridge and his conduct at a staff meeting.
On these grounds, the council argues Mr Eldridge's sacking without notice was justified.
"The employment agreement was terminated as a result of [Mr Eldridge's] serious and persistent breaches of the terms of the employment agreement," the council's defence stated.
The matter is listed for a directions hearing in the Supreme Court on August 7.
