Ex-Kimberley College principal Paul Thomson claims $1.3m for no holiday, long service leave

A former Queensland principal accused of embezzling millions from the private school he founded argues it actually owes him $1.3 million. Here’s what he claims.

A Queensland former school principal accused of embezzling millions from the private school he founded claims he is owed $1.3m because he did not take a paid holiday or any long service leave for nearly two decades.

Paul Thomson, 76, is suing Kimberley College Limited and three of the college’s directors in the Federal Circuit Court in Brisbane arguing that when he was sacked as principal on June 12, 2018 he was not paid any of his annual leave or long service leave owing for the 18 years in the job.

Mr Thomson is claiming $1,312,124 from the independent college at Carbrook, in the City of Logan, which includes $209,127 for long service leave.

The school, which is funded by the state and federal governments and to a lesser extent by fee paying students, denies Mr Thomson is owed $1.3m and argues that he has “no entitlement” to payment.

It submitted to the court that Mr Thomson “took various periods of paid leave by way of long service leave” and received entitlements, or payments, or benefits to the equivalent value during his time at the school.

He was sacked for what Kimberley College alleges was serious misconduct, including the alleged misappropriation of “significant funds”.

Former Kimberley College principal Paul Thomson. (NCA NewWire/Dan Peled)

Mr Thomson last year asked the Federal Circuit Court to rule on his claim for compensation for $209,127 in unpaid long service leave now, before he faces trial on criminal charges, and delay deciding the remainder of his compensation claim until after his trial.

No trial date has been set.

He was charged by police in September 2019.

Details of Mr Thomson’s claim against the school were revealed in a decision handed down

in December by Federal Circuit Court Judge Michael Jarrett, who refused Mr Thomson’s application to stay the rest of his compensation claim against Kimberley College until after criminal charges are heard.

Judge Jarrett ruled that the case was ready for hearing and should proceed as Mr Thomson has filed his evidence.

Judge Jarrett also ruled that Mr Thomson had “actively waived” his right to remain silent on issues related to his criminal charges “by engaging in these proceedings to the extent that he has”.

“It cannot rationally be said that (Mr Thomson) is concerned about any risk of self-incrimination or any impingement on his right to silence,” Judge Jarrett ruled in December.

In the separate criminal case Mr Thomson is facing six charges including fraud, extortion, using a restricted computer without permission and making a false declaration in the Brisbane Magistrates Court.

The criminal charges are due for mention in court on Monday.

Mr Thomson last month applied for leave to appeal Judge Jarrett’s decision to the Federal Court, arguing Judge Jarrett made a mistake when he ruled that there would be “no real injustice” to Mr Thomson if his civil claim proceeded.

In the Federal Circuit Court case, Kimberley College claims that Mr Thomson “set his own wages or salary” and “unilaterally determined and awarded himself significant remuneration increases… without recourse to, or authority from, the (school) Board”.

The college argues that Mr Thomson’s calculations of his alleged debt for unpaid leave are based on these allegedly inflated wages.

The college argued in the Federal Circuit Court that Mr Thomson’s claims for compensation for his long service leave cannot be determined separately by the court because the court needs to look at “all of the claims”.

Former Kimberley College Principal Paul Thomson on A Current Affair

The college argues “substantial lump sum cash payments” to Mr Thomson recorded in the college’s financial accounts “represent the payment out of long service leave entitlements” to Mr Thomson during his employment.

Mr Thomson submitted to the court that the cash payments he received from the school “can be explained”.

Kimberley College Limited is also suing Mr Thomson for damages in a separate case in the Supreme Court.

No date has been set for hearing the appeal in the Federal Court.

Mr Thomson’s daughter Amy Ferguson, wife Jennifer and son-in-law Kevin Ferguson are also facing criminal charges and are due in court on Monday.

Amy is facing six charges, two of fraud, two of using a restricted computer, one of perjury and one of extortion, Jennifer is facing two counts of fraud, and Kevin is also facing two counts of fraud.

No date has been set to hear the Federal Court appeal.