Ray Mackereth’s bookkeeper tells of his crooked ways

252940_10150214890066943_6629152_nTwo former bookkeepers have alleged that gay business identity Ray Mackereth refused to pay their invoices for work performed at Q News and Klub Kruise, according to sworn statements filed in the Federal Circuit Court.

The gay publisher and former gay-sex club boss is being pursued for unpaid entitlements and superannuation of nearly $40,000. The bookkeepers say they are owed collectively just under $5,000 for work performed but never paid with one adding that once she was of no use, Mr Mackereth just ignored her.

Around the same time she was begging to be paid because she was struggling to make ends meet, Mr Mackereth was boasting online about giving money to a gay rugby side.

The bookkeeper also said Mr Mackereth’s was a workplace “bully” and and that his claims of being a stand up bloke in the community are “outrageous”, adding:

“I think it is outrageous that (Mr Mackereth) was claiming being a community supporter when he has owed his staff, suppliers and the ATO so much for so long. Rather the unpaid suppliers, employees and ATO should receive recognition as he has deprived us to laud himself in the community.

In an ever-deepening crisis for the self-styled champion of charitable causes, the bookkeeper that was with him as Klub Kruise collapsed also claims that the sex club was carrying costs for Q News, that Mr Mackereth owns 100 per cent of. Yet Klub Kruise closed owing nearly $200,000 to creditors.

These costs are said to include administration, motor vehicle expenses and Mr Mackereth’s salary, burdening the now failed company with around  $100,000 per annum of unnecessary expenses according to the bookkeeper-turned-whistleblower, that if proven could leave him exposed to criminal proceedings or being struck off as a director by ASIC.

Another affidavit claims that Mr Mackereth, while admitting workplace bullying allegations, misled WorkCover Queensland by saying he was “let down” by the bookkeeper for not paying the superannuation, despite him never giving his accounts people access to the bank accounts to perform transactions. Both bookkeepers claim payments for superannuation were usually handled directly by Mr Mackereth and never by them.

As Mr Mackereth filed an amended defence of Mr Larcombe’s claim one week late, (Brenton Larcombe Response to amended claim 21-08-2014) where he continues to deny being “involved” in serious contraventions of the Fair Work Act. However these denials are become increasingly inconsistent, and it now appears he now may be pinning his hopes on a period in late 2011 to March 2012, where he suggests he was out of action for poor health for nearly four months. Even that looks in trouble as  both Mr Larcombe and his bookkeeper at the time suggest this claim is nonsense, with both saying he was off work for less than two weeks and otherwise accessible.

Brenton Larcombe is also alleging that after he took just two weeks off work in late May 2012 after nearly ten years of loyal service to Mr Mackereth, he was sacked, despite his illness being work-related. Mr Mackereth also seized the company motor vehicle from Mr Larcombe, which has since been sold.

Despite Mr Mackereth’s amended defence in the Federal Circuit Court that he did not sack Mr Larcombe for his health, evidence tendered suggests otherwise, where it is alleged on 6 July 2012 he wrote the following to WorkCover Queensland:

The business has been financially stressed.  Three weeks ago I terminated Brenton’s employment based on legal advice. I accept that this advice was incorrect and retracted this two days later. However I believe that this has further harmed the relationship and as this was done when he was on sick leave for a work related condition.

So while I dispute some of the reasons articulated by Brenton Larcombe in his claim, I accept that I have been at times unreasonable as a manager and for this I have regret.

Ray Mackereth around 15 years ago but all the smiles and pint sized singers don't distract those he owes from chasing him

Ray Mackereth around 15 years ago, but still uses this as his profile pic, despite life’s lines showing some serious weathering. Despite the Dorian Gray-esque sadness of it all,  the smiles and pint sized singers with 90’s hair don’t distract those he owes from chasing him. His former bookkeeper has savaged him as being dodgy and a bully in Federal Circuit Court documents.

Mr Mackereth admits Mr Larcombe is owed a substantial amount of money, including long service leave, but is still refusing to pay. He also painted himself as caring to WorkCover Queensland in 2012 where he wrote “I stressed that I would do everything possible to try and ensure that he received his wages but with the added stress of having to pay an extra person to replace him, in all seriousness it looked like the business could fold.”

Mr Mackereth’s claims to WorkCover stand in stark contrast to what he has provided to the Federal Circuit Court, where in that version of events he has sheeted home total blame of his company’s failure on the landlord of Number 29 McLachlan Street for not renewing the lease, despite his business not have the liquidity to meet the business debts when due, according to documents provided by the liquidator.

Mr Larcombe confirmed to RayMackereth.com that he had notified the liquidators of Klub Kruise and ASIC of these explosive allegations in recent days.

The case is next listed for a directions hearing on 24 September in Brisbane. Court records show that Mr Larcombe has filed nearly 1000 pages of sworn evidence from seven different witnesses, while Mr Mackereth is yet to provide anything under oath.

Mr Larcombe is seeking to have part of his case awarded without a full trial and also to freeze some of Mr Mackereth’s assets until the matter is fully dealt with by the court.

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

Self-proclaimed man of the community Ray Mackereth’s integrity has been further brought into question in his formal response to Federal Circuit Court proceedings, where he blamed his landlord for Klub Kruise’s failure, with the landlord hitting back in an Affidavit of Josef Senisin’s 2012 lease dealings with Ray Mackereth.

After reading Mr Mackereth’s required Response to the Federal Circuit Court Ray Mackereth responds to Larcombe Lawsuit blaming Landlord, Josef Senisin added yesterday that Mr Mackereth implicating him in his business failings was “lies” and he added that he and his business partner were financially harmed when Klub Kruise allegedly unlawfully damaged his building and breached the lease, resulting in a criminal complaint to Queensland Police.

Court documents claim that Ray Mackereth enjoyed the good life including holidays and hospitality while he didn't pay the award minimum conditions or superannuation in his sex club

Court documents claim that Ray Mackereth enjoyed the good life including holidays and hospitality while he didn’t pay the award minimum conditions or superannuation at his gay sex club

The revelations have arisen as part of a Federal Circuit Court action that accuses Mr Mackereth of being an accessory to serious offences of “core provisions” of the Fair Work Act, which threatens to engulf his separate publishing business Q News, with documents made under oath claim he breached his director’s duties and misappropriated employee entitlements and even that he may be involved in tax evasion.

Senisin claims under oath, and if false he risks a lengthy prison term,  that three times Mr Mackereth was offered an agreement to lease, and that despite him and his business partner agreeing to concessions requested by Mr Mackereth, and Mr Mackereth agreeing to two deals verbally, he never signed the required documents.

Emails attached to Senisin’s affidavit appear to support his version of events, including Mr Mackereth crying poor and seeking a market-review increase in rent to be waived, to have the effect that the new lease term would be less than the current rent Klub Kruise was paying by nearly 15 per cent.

It is unclear how Mr Mackereth can blame his landlord for his failure to find alternate premises, while his cash strapped company owed $189,000, that was immediately due and payable if not under a special payment arrangement with the creditors. This is especially so as his Klub Kruise’s second largest creditor was Mr Larcombe, who expected his money, in full, which was over $41,000 according to the company’s accounting records.

In any event, Mr Mackereth’s response to the Federal Circuit Court is in-keeping with a post in the publication he owns 100 per cent of, Q News, by an anonymous author, on 24 August 2012.

The story included the following:

Brisbane lost a venue last week after the quick closure of Klub Kruise. Sadly, after 10 years serving Brisbane’s gay and bi men, as well as many other visitors and travellers, the club was forced to close its doors after the landlords refused to renew the lease.”

“No reason was offered by the landlord as to why they would not renew the lease to those renting after 10 years, having never missed a payment.”

The “quick closure” of Klub Kruise is also quizzical given it had traded one month past its lease, which Mr Senisin claims in his statement was a gesture of goodwill by him and his partner to raise additional funds for unpaid employee entitlements and superannuation. Senisin also complains that despite him going out of his way, the employees got nothing because of how Mr Mackereth acted.

Mr Senisin referred to the Q News story and the reply to the court more bluntly, simply saying “bullshit”.

Meanwhile Mr Mackereth originally sought to liquidate the company on 22 June 2012 but later changed his mind, according to ASIC documents filed with the court.

An exhibit to Mr Senisin’s affidavit also suggest that Mr Mackereth may not have been ensuring Klub Kruise complied with the correct modern award, likely to be the Amusement, Events and Recreation Award 2010 based on transitional requirements during the award modernisation process.

Mr Senisin attaches an  email to his statement where he swears under an oath it is true, that shows Mr Mackereth attempting to get  a rent reduction on a new lease. Mr Mackereth lamented paying his casual employees “$23.00 per hour and more to come”, when in fact the Sunday rate was closer to $35.00, meaning he may face further action from all former staff who have six years to claim against him personally, just as Mr Larcombe is.

It is also claimed by Mr Larcombe that employees worked in shifts longer than five hours without a break, which under the award entitled them to time and a half which was never paid by Klub Kruise, and that Mr Mackereth admits in Federal Circuit Court documents that he was solely responsible for the corporate behaviour of Klub Kruise.

Have you worked at Klub Kruise between September 2008 until it closed? You may be entitled to claim against Ray Mackereth personally even though the company has closed. With fines, you could come out with more than you were originally owed. Fill in the form and we will connect you with the help you need.

Related:

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Klub Kruise once Ray Mackereth gutted it

Coming up Next: Toys. Prams. Floor. An insight into how employees coped with the Ray Mackereth tantrums.

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Two affidavits filed in the Federal Circuit Court claim that both Q News and Klub Kruise have systemically underpaid superannuation to their staff for years, nearly all of whom earned minimum or award wages, while both companies’ sole director Ray Mackereth lived in a mansion at Paddington largely funded by his business interests.

The documents form part of a long running dispute between the former manager of his sex on premises venue that was exclusively for men that have sex with men. Things escalated dramatically in recent weeks in the Federal Circuit Court, with Larcombe filing a raft of witness statements suggesting Mr Mackereth may not be the community do-gooder that he likes to make out and also suggesting he may be a less than effective company director, even a non-compliant one.

David 'Deeje' Hancock who is also Mr Larcombe's partner says Q News was for a  long time underpaying staff up until he left in 2011

David ‘Deeje’ Hancock who is also Mr Larcombe’s partner says Q News was for a long time underpaying staff up until he left in 2011

In what is emerging as an apparent pattern, David ‘Deeje’ Hancock, the former sales manager then general manager of Q News and also the long-time partner of Mr Larcombe says in his statement Ray Mackereth’s former GM dishes up his dirty dealings,  that it was back in 2006 when he dealt with his first staff complaint about unpaid superannuation and that in 2010, the situation had deteriorated so badly that staff insisted that the Australian Tax Office collect this debt.

According to Mr Hancock, Mr Mackereth had allowed Q News to rack up such a debt with employee’s compulsory superannuation, that some employees were still getting paid back well into 2013 despite leaving in 2011.

The delayed payments also prevented employees cashing in on the huge gains post-GFC that superannuation funds enjoyed as the market recovered. Hancock also claims that 60 per cent of the rent paid on the Paddington residence was once being covered by Q News, despite it only occupying a tiny part of Mr Mackereth’s compound, implicating him in potential personal income tax evasion for fringe benefits should this be proven.

Hancock also confesses to “turning a blind eye” with Mr Mackereth’s alleged misleading conduct to advertisers about circulation and distribution points, grossly inflating printing runs to secure advertisers, even at unjustified higher rates.

In his statement, Hancock said that he near the end of his employment changed his silence  and he had many “heated” exchanges with Mr Mackereth over the alleged fraud against Q News advertisers and readers. Hancock also confesses his behaviour has brought him great shame that he didn’t do more to stop it.

Also in 2010, documents seen by raymackereth.com show that the ATO was undertaking an investigation in Klub Kruise for unpaid superannuation for those staff, which the ATO also found that it was also behind, meaning both Mr Mackereth’s companies were spending their staff’s retirement savings.

On the Q News website Ray Mackereth claims he "has a great sense of social justice" but he stands accused of misappropriating employee entitlements for his personal or business gain

On the Q News website Ray Mackereth claims he “has a great sense of social justice” but he stands accused of misappropriating employee entitlements for his personal or business gain

Extraordinarily, within months of getting back to being compliant and no longer behind in compulsory super, Klub Kruise stopped paying it again, forcing  employees to again complain and the ATO launching a second investigation. At the time of liquidation, 11 employees were duped out of their retirement funds.

Raymackereth.com has also sighted official company records of Klub Kruise that show they were behind on superannuation, GST and PAYG tax from 2009 by as much as $30,000. At one stage, Klub Kruise had three motor vehicles under finance using the company as security by have a registered charge with ASIC. This suggests Mr Mackereth at one point had two vehicles for his personal use being a Jaguar and a late model Jeep, in addition to the fully financed company commercial ute, despite neither of them being needed for company purposes, according to Mr Larcombe and ASIC records.

Mr Larcombe and Mr Hancock now manage a similar business, being a sex on premises venue for men that have sex with men, in the same location where Klub Kruise was known as Number 29 Cruise Club.

Coming up next: Did the Landlord really not renew the lease for Klub Kruise without reason as Mr Mackereth claims? READ:

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

RELATED

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Federal Circuit Court documents tell a devastating story about what appears to be very shameful conduct on behalf of our community hero – Ray Mackereth, when he ran his gay sex on premises venue Klub Kruise.

There is so much, we are going to break this down into parts and this is the first of three installments. Read on…

On 23 June 2014, Brenton Larcombe commenced action in the Federal Circuit Court,  where he clams Mr Mackereth spent his long service leave, annual leave and notice on day to day business needs including funding a late model jeep, a lavish lifestyle and business excess, all while his company floundered.

Larcombe tells the Court that Mackereth has had dodgy dealings that go back a long way, even as far as 2009 while Mr Mackereth putts around in a late model jeep and living the good life all the while Larcombe remains out of pocket:

  1. Annual leave, up to $12,471.10;
  2. Long Service Leave, no less than $13,172.32;
  3. Notice on Termination, $6080.00; and
  4. Superannuation $7,235.96.
  5. THIS TOTALS $39,034.38 THAT LARCOMBE ALLEGES MR MACKERETH WAS INVOLVED IN UNLAWFULLY USING, TO HIS DIRECT PERSONAL OR COMMERCIAL BENEFIT RESULTING IN MULTIPLE SERIOUS CONTRAVENTIONS OF THE FAIR WORK ACT IN HIS CAPACITY AS THE SOLE DIRECTOR, COMPANY SECRETARY, PUBLIC OFFICER AND 80% SHAREHOLDER OF KLUB KRUISE.

Larcombe is also seeking pecuniary penalties (fines imposed by the Court) in the “very high range” which could exceed $30,000.

Ray Mackereth fights on in Federal Circuit Court defending claims he ripped of his deputy nearly $40K

Ray Mackereth fights on in Federal Circuit Court defending claims he ripped of his deputy nearly $40K

Larcombe Throws First Salvo

Nearly two years in the making, Brenton Larcombe drops a bomb on Mr Mackereth in the Federal Circuit Court claiming he is involved as an accessory to contraventions of the Fair Work Act.

Read Larcombe’s Application here: Larcombe sues Ray Mackereth in Federal Circuit Court

Mackereth limply “fires” back blaming his landlord, basically saying “I didn’t done it, blame Josef” Ray Mackereth responds to Larcombe Lawsuit blaming Landlord.

But the big man wanted “further and better particulars” and Larcombe wanted his superannuation added, so an amended application was filed Larcombe’s Amended Claim Against Ray Mackereth.

A special hat tip to Deeje Hancock who knew someone that tipped Raymackereth.com off with this explosive story. It includes ASIC documents containing false information signed by Ray Mackereth being given to the liquidator, misleading advertisements in Q News and nearly $190K of unpaid debts, including him gouging straight from the retirement funds of his staff.

RELATED:

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

Stay up to date at the public search of federal law cases here:

Court: Federal Circuit Court – Federal Law, Brisbane Registry
Number: BRG558/2014
Title: Brenton Larcombe v Raymond Mackereth
Filing Date: 23-Jun-2014

Klub Kruise once Ray Mackereth gutted it

Ray Mackereth admits gutting the internal fit out of 29 McLachlan Street, despite his lease not allowing this until after he paid his debts. As he was in arrears on on his lease because he left without giving a month’s notice, on an extension to his lease and hadn’t paid outgoings as was his obligation so Mr Mackereth had no right to touch the fit out.
Added to this,  had Ray Mackereth left the fit out in tact, his staff would have got some money, which according to affidavits filled could be as much as $25K. but by annihilating the guts of Klub Kruise, Mackereth also annihilated any chance his staff had of getting paid, because the land owners tried to make sure they staff got their money..Josef Senisin the landlord also claims that Mr Mackereth was not entitled to touch the fit out in any event as he owned two months of insurances and did not give the prescribed notice, and that Mr Mackereth knocked back $9,000 for fit out provided it went to unpaid entitlements.Worse, by not giving any notice and according to Mr Senisin, it was on 12 July 2012 so a new month was due, this gave the landlord no time, and he had to charge rent from Mr Mackereth’s personal security deposit, which cold have gone to employee entitlements.

It is alleged that Mr Mackereth acted deliberately and maliciously, basically throwing a killer tantrum in a “if I can’t have it, no one can” approach, and thereby would rather see an empty shell then someone make a fist of the business he so miserably failed.

RELATED

Klub Kruise’s landlord hits back at Ray Mackereth’s “lies” as years of wages underpayments emerge

Ray Mackereth accused of being an old hand at living off his employees’ entitlements

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

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