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ARTICLE · 17 MAY 2019

Cause not needed to dismiss a senior executive

Bartier Perry Solicitors
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In this case, the Court considered that Council could terminate the CEO's contract without cause and by paying notice.

AustraliaEmployment and HR
Darren Gardner
Darren Gardner
Andrew Yahl
Andrew Yahl
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In Stapleton v City of Parramatta Council [2019] NSWSC 123, Bartier Perry successfully defended the City of Parramatta Council against interlocutory relief sought by its then CEO, Mark Stapleton.

Council appointed Mr Stapleton in June 2018. His employment contract, which was set to run until 2021, included these standard local government senior manager contract clauses:

This contract may be terminated before the termination date by way of any of the following:
10.3.5 Council giving 38 weeks' written notice to the employee, or alternatively, by termination payment under subclause
11.3 On termination of this contract under subclause 10.3.5, where written notice has not been given, Council will pay the employee a monetary amount equivalent to 38 weeks' remuneration calculated in accordance with Schedule C, or the remuneration which the employee would have received if the employee had been employed by Council to the termination date, whichever is the lesser.

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