Max Whitehead: Employment expert on Andrew Coster's future in the public service

An employment expert says the Public Service Commission must undergo due process in its handling of Andrew Coster.  

A scathing IPCA report's found the former Police Commissioner was among those in senior police leadership who failed to properly address sex allegations against the then Deputy Police Commissioner Jevon McSkimming.  

McSkimming last week admitted to possessing child sexual exploitation and bestiality material.  

Coster is now head of the Social Investment Agency and being investigated by his employer, the Public Service Commissioner.  

Max Whitehead told Ryan Bridge there must be just cause for termination.   

He says bringing the organisation into disrepute is a sackable offence. 

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Episode Transcript

Speaker 1 (00:00):
Costs days in the public service look to be numbered.
Sir Brian Roch is investigating him over the IPCA report. Meanwhile,
three current police employees are also under investigation over their
part in the alleged cover up. Max Whitehead, employment expert
with us this morning, Max, Good morning, Good.

Speaker 2 (00:15):
Morning, Ryan. Yes, it's a messy, messy piece of work here,
isn't it certainly is.

Speaker 1 (00:19):
What's the quickest way for this to end? Do you think?
In the cost of situation.

Speaker 2 (00:24):
In the cost of situation, the employer has to undertake
an independent investigation. Now they can present to mister cost
of the facts, given him an opportunity to explain, and
then once they've received that, then they are free to
act under the there's legislation already developed there that under

(00:44):
Schedule seven on the Public Service Act that they can
proceed and take an action against the like in his
current role a chief executive and terminator's employment for just cause.

Speaker 1 (00:58):
What's a just cause?

Speaker 2 (01:01):
Well, exactly bringing the organization to disrepute is very very
important for a high profile individual like mister Costa, if
he has brought the organization into disrepute, it's a sackable offense.
But they have to give him an opportunity to explain
his side of the story.

Speaker 1 (01:22):
So once they've done that and then they sack him,
can he take a personal grievance?

Speaker 2 (01:27):
Absolutely, he is an employee and his employer is the
Public Service commissioner. How much do you know?

Speaker 1 (01:35):
How much do you think the other option courses that
he walks and there is some kind of golden parachute?
What is that? How does that normally work?

Speaker 2 (01:44):
Well? If there is a remote chance that he could
probably litigate and cause all sorts of embarrassment difficulties for
the public service, they are quite often, it happens often.
I've got to say, there is negotiations and that's where
a parachute can be provided, which to me is pretty abhorrent.

(02:06):
I mean, already they've got to undertake another independence investigation
just because of him, and because it's a different department too.
That does make a lot of sense. But however, there's
a cost to that, and there's going to be a
cost to the public. Again, we end up paying for
lots of things. I mean, there's millions and millions of

(02:26):
dollars the public are going to have to part with,
just in terms of investigations. Plural many investigations, and that's
pretty tough on us taxpayers.

Speaker 1 (02:35):
Appreciate your time. Max Whitehead, employment expert with us this morning.
By the way, his contract is a two and a
half million dollar five year contract, and as Max has said,
if we want to get him out of it early,
then we might have to pay something for that privilege.

Speaker 2 (02:51):
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