Former Evolution boss Marshall Scott sues debt-laden company for ‘unfair sacking’ over bonus payments

The former chief executive of debt-laden Queensland traffic control company Evolution is claiming he was unjustly sacked for receiving bonus payments that he argues were rightly given to him

THE former chief executive of debt-laden traffic control company Evolution Group is suing the company after claiming he was unjustly sacked for receiving bonus payments rightly given to him.

Marshall Scott, who served as chief executive of Brisbane-based Evolution from February 2018 until June last year, has lodged an unfair dismissal claim in the Federal Circuit Court seeking compensation and reinstatement.

Evolution Group, which has accrued losses of more than $11 million in the past two years, last week put one of its subsidiaries into voluntary administration owing creditors about $14 million.

In documents lodged with the court in August, Mr Marshall alleged he advised the company’s human resources manager on June 21, 2019, that he was taking sick leave due to a temporary illness.

Evolution is one of the biggest traffic control firms in Australasia.

But on the same day he received a letter from the company that stated his employment was being terminated due to alleged breaches of his employment contract in relation to bonus payments.

Mr Marshall maintains his contract provided for the bonus payments.

Evolution Group said Mr Marshall’s claim is without foundation and will be vigorously defended.

Mr Marshall joined Evolution when Surefleet, a company he founded, was acquired by Evolution in March 2018.

At the time Surefleet was one of Australia’s largest privately-owned fleet management companies, providing infrastructure, construction, resources, mining, government and utility companies with fleet management and driver training services.

Auditors of Evolution Group, which is one of the largest traffic control companies in Australia and New Zealand, have warned the group’s large debt level could threaten its future as a going concern.

Evolution Group chief operating office John Macnamara said last week the group was not under threat of collapse and continued to operate. “All existing traffic management contracts are being fulfilled and all employees remain on site with all existing jobs preserved,” said Mr Macnamara.

Evolution had debts last financial year of $23.3 million compared with $8.5 million the previous year.

Evolution Group, which up until April included Howard Government minister John Moore on its board, has accrued losses of more than $11 million in the past two years.

The auditor said the company’s financial position stemmed from the impact of a capital restructuring in 2013 when it conducted a share buy back and capital reduction of about $20 million.

Evolution Group chief operating office John Macnamara said last week the group was not under threat of collapse and continued to operate.