A former Pilbara local government executive has failed to convince WA’s employment arbiter he was harshly treated after being fired for serious misconduct.
A former Pilbara local government executive has failed to convince WA’s employment arbiter he was harshly treated after being fired for serious misconduct.
Ex-City of Karratha corporate and legal services director Philip Trestrail was axed in 2023 after a whistleblower reported a pay scheme instigated where he forwent pay rises in favour of building up backpay with no records.
His conduct was described as a “clandestine” and “deceptive” plot to gain benefit by understating his income in a City of Karratha termination letter.
Neither the former chief executive nor chief financial officer knew about the arrangement which had been in place since 2019.
Mr Trestrail took his case to the WAIRC arguing his arrangement was a forced savings measure in preparation for his retirement, and that his decision to not document the change was merely an error of judgement.
He stated he wanted to return to work and remain employed at the City until his retirement.
Mr Trestrail was supported by a submission from former City of Karratha chief executive Chris Adams, who said he should have been more diligent with his paperwork, but that it was not a significant issue.
“Based on the information available to me, I believe that he has been treated extremely poorly throughout this whole process,” Mr Adams said in his evidence.
City chief executive Virginia Miltrup argued Mr Trestrail’s actions were “bizarre” and opened the local government up to compliance and governance risks.
Ms Miltrup argued Mr Trestrail was an experienced senior employee who used his position of power to hide money through a unique pay deal for his own benefit.
Commissioner Charmaine Tsang found Mr Trestrail’s pay arrangement breached contractual obligations and the Fair Work Act.
“It is perplexing for Mr Trestrail to assert on the one hand that he is endeavouring to achieve enforced savings through the pay arrangement, yet on the other hand, adamantly deny that he obtains any benefit from the pay arrangement,” Commissioner Tsang said.
“I agree with the City’s contentions that the pay arrangement was a secret, deliberately undocumented arrangement that exposed the City to various compliance and governance risks.
“Given this, I am satisfied the City has discharged the onus of establishing that Mr Trestrail engaged in serious misconduct… and that his misconduct justifies his summary dismissal.”
Mr Trestrail served briefly as acting chief executive and had applied for the top job which Virginia Miltrup, the City’s current boss, was hired for in 2022.
He had worked at the City for more than 10 years.
