Ray Mackereth claims “victory” in Fair Work Claim, while his opposition ROFLs

Ray Mackereth's Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe's camp as 'delusional'

Ray Mackereth’s Facebook post from 16 October 2014 that has been dismissed by those in the know at Larcombe’s camp as ‘delusional’

Ray Mackereth’s “Dubya” Moment

In a bizarre post on Facebook, queer publisher and former gay sex venue king Ray Mackereth wrote “it could not have been a clearer victory” and that it would be “an unlikely event” that the case would proceed, referring to a Fair Work court claim that alleges he was an accessory to serious contraventions of  labour laws.

However his post brought fits of laughter from those close to Brenton Larcombe, who is bringing the claim against Mr Mackereth. Mr Larcombe’s partner Deeje Hancock was barely able to complete his sentences while talking with Raymackereth.com.

Finally he was able to spit out between giggling “Oh he (Mr Mackereth) must not have been in the same court room as I was yesterday.

“While it is true that some of Brenton’s documentation has to be re-worked and re-filed, that is because he is self-represented and is learning as he goes, while Mackereth has the best legal team that Brenton’s money can buy.

“The judge was awesome, because Brenton asked for heaps of documents in a discovery application so he could show to the court just how colourful a businessman Mackereth was. But the judge wanted to get to the point of things and in doing so he streamlined the whole case,” Hancock explained.

“The judge said that he thinks all we need are three witnesses and the documents held by the liquidator. So now it is all about Brenton, Mackereth and importantly the liquidator, who will able to talk directly – and be cross examined as an expert – about the questionable or down right unlawful corporate behaviour of Mr Mackereth,” he added.

Mr Hancock also says that Mr Larcombe’s quest to have Mr Mackereth face the music just got a whole lot easier. “This also means the trial has been compressed. It is all good news for Brenton. Even the judge thinks it will only take a day, but he set it down for two just in case,” he said.

“So Brenton has to file one more document after seeking legal advice and the liquidator will really do the rest, by going through the story the document tells. Big deal. Mackereth thinks that is an “unlikely event”. Brenton has been waiting two years to get what is owing, and for that man to do the right thing,” Mr Hancock claimed.

Mr Mackereth’s post that would have people believe that Judge Burnett basically ended the case could not be further from the truth, according to Mr Hancock. “The judge has given Brenton a full month to get the documents re-filed and has agreed that both the adverse action claim for sacking Brenton while on sick leave is in, plus the Fair Work Act contraventions are still in play.

“As the judge said “the answers lie in the books, they always do”. Now Brenton can focus his revised claim on the precise areas that judge wants to hear from,” Hancock said.

Those close to the Larcombe camp think this is Mackereth's George W Bush Moment

Those close to the Larcombe camp think this is Mackereth’s George W Bush Moment

Mr Hancock also said it was “strange” that Mr Mackereth thought it was important to note in his post that “all witnesses will be subject to cross examination”. Still laughing he said “no shit Sherlock, that is what happens in a court room. I don’t think the case will be resolved by a pillow fight.”

He also said that this early call of victory was Mr Mackereth’s George W Bush moment, making reference to the “Mission Accomplished” sign hoisted over ten years ago about the war in Iraq that is still being fought today, albeit with a different context.

To clear up which camp was closer to the mark, your friends at raymackereth.com thought we’d check, so off we went to the court order which said the following word for word:

THE COURT ORDERS:

1. That the application in a case filed 7 July 2014 be dismissed.

2. That the amended application in a case filed 22 September 2014 be dismissed.

3. That the amended application in a case for summary judgment filed 22 September 2014 be dismissed.

4. That the application in a case for disclosure filed 4 September 2014 be dismissed.

5. That the amended Form 4 claim filed 31 July 2014 be struck out.

6. That the applicant file and serve a further amended Form 4 claim by 4.00pm on 12 November 2014.

7. That the respondent file and serve any response to the further amended claim by 4.00pm on 17 December 2014.

8. That the respondent file and serve any further material in response by 4.00pm on 6 February 2015.

9. That the applicant be given leave to make an application for non-party disclosure against the liquidator of Klub Kruise Pty Ltd (In Liq).

10. That there be further mediation of the matter before a registrar of the court on or before 4.00pm on 29 May 2015.

11. That the matter be listed for hearing of two (2) days’ duration commencing at 10.00am on 17 August 2015.

12. That the parties have liberty to apply.

These 12 points do appear to confirm Mr Hancock’s take that Mr Mackereth may have jumped the gun when he wrote “now I can move on with my life and focus on real things that matter”. Mr Hancock said in response “I am surprised that the misappropriation of employee entitlements and  superannuation, all while sacking Brenton when while on sick leave, from the bullying that WorkCover found was at the hands of Mackereth, are not “real things” that matter to him. I bet by the time this case is over they will. They will be abundantly real.”

Mr Hancock finished the interview asking if he could give Mr Mackereth some gratuitous  advice in response to his FB post. It went as follows:

Dear Ray,

Look pet, the dates are set out clearly and I know that you were not so crash hot when it came to filing your amended reply – remember it was a week late because those meanies on social media and that meanie Brenton exercising his lawful right to sue you – made you sad.

While you would like to “get on with your life” and spend your time with charities rather than taking responsibility closer to home, you should pay particular attention to 12 November 2014 (oh and special attention to 17 December as a week late would be Christmas – literally) and the early part of 2015, because honey, the judge has let Brenton subpoena the books and oh what fine reading that will make. And then when that is done, the liquidator will tell the court about how you ran up $190K of debts you could not pay when due. Cross examine that sweetheart. 

Ouch! 

Related:

Publisher Ray Mackereth complains about media coverage of him

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

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

Ray Mackereth an Unreasonable Manager: WorkCover

Irony Warning: Publisher Ray Mackereth complains about media coverage of him

Publisher of Q News Ray Mackereth has told a court that a Fair Work claim seeking compensation of nearly $40,000 plus fines brought by his former manager to recover unpaid entitlements caused him “distress” and that he is the target of an “extended campaign of harassment”.

In a sworn statement filed with the Federal Circuit Court, Mr Mackereth sought permission to file court ordered documents late after his missed the deadline by a full week.

His  doctor wrote to the court saying his patient was “totally incapacitated emotionally and physically” after being served the claim by Brenton Larcombe.

Yet just days before the documents were due to be filed, the failed sex club identity was, according to sources, seen seeming to enjoy himself at the Sportsman Hotel for the annual Sporties Bake Off which was heavily marketed by his publication.

Media owner and publisher Ray Mackereth complains to court about raymackereth.com and social media coverage of him being sued

“Harassment”: Media owner and publisher Ray Mackereth tells court that raymackereth.com and social media coverage of his harmful and destructive business practices is so distressing he could not comply with court orders.

Even Mr Mackereth’s own statement says he was not totally incapacitated, where under oath he said he was not “fully capable” of attending to the matter.

Also when “totally incapacitated” on 30 July this year, when he was too sick to obey a court order, but well enough to go to the pub, Mr Mackereth’s name appeared in a Q News by-line suggesting he was hard at work promoting a cause near and dear to his heart, writing: SUICIDE STUDY ALMOST COMPLETE – Now seeking ordinary LGBTI people to complete it!

Mr Mackereth named Mr Larcombe’s partner Deeje Hancock and industrial relations consultant & journalist Miles Heffernan as key campaigners against him, which he referred to as a “vendetta”.

Mr Mackereth also blamed this very website, Raymackereth.com for “exacerbating” his mental stress, although at no stage in court documents has the Mackereth camp suggested anything published on the site was inaccurate. Mr Mackereth did refer to the factual stories as being “disparaging” indicating he believes accurately reporting on his behaviour denigrates him.

Both Mr Hancock and Mr Heffernan reject that there is a campaign against Mr Mackereth. Neither had sympathy for the plight of the publisher who remains living in a mansion in Paddington.

Mr Hancock said “I expect this trial would cause (Mr Mackereth) some distress, just as having my partner’s retirement funds and basic entitlements misappropriated from him by someone he trusted caused distress.

“I expect when he reads pages and pages of allegations about how he ran a good business into the ground and then spent Brenton’s money to keep the taxman from chasing him personally, that would be distressing. But is there a campaign? No.

“If Mackereth just took some personal responsibility and made good on his debts, then he could disappear into irrelevance. But instead the Q News controller rather wants to falsely paint himself as a community do-gooder,” Mr Hancock added.

Mr Heffernan said he was “delighted” that Mr Mackereth “wrongly thinks that there is a campaign” adding “what a con job that Mackereth somehow thinks he is the victim here, all from someone in the business of media complaining about media coverage, oh please, let me wipe my tears away for how hard Ray Mackereth is doing it.”

Mr Heffernan also suggested the road ahead is likely to bring more stress for Mr Mackereth.”I expect it was all cold sweats last night when the trial  judge’s words sank in. Judge Burnett said the answer lies in the books and gave Brenton the right to subpoena the liquidators and for them to give evidence about Mr Mackereth’s corporate behaviour at the helm of Klub Kruise in the trial. I have seen these books. If I was Mackereth, I would have anxiety and lots of it. No two-ways about it. And it would be the skin-crawling kind,” he said.

Mr Heffernan said he was “honoured” to be part of any cohort that was built around supporting your mates. “It is sad, no pathetic actually, that Mackereth thinks advocating for the rights of a good mate he ripped off is a hate-campaign against him, as it suggests no legitimacy to the claims.

“What is going on is a thing called friendship where you roll up your sleaves and help out, wherever you can and ask nothing in return. Something foreign for Mackereth, despite his self-promotion as a community champion.

“Mackereth is right about one thing – the date of August 2012 – as this is when the full force of his cruelty was felt by Brenton, who is still waiting for an apology and his money,” Mr Heffernan added.

Brenton Larcombe is suing his former boss Ray Mackereth for unpaid employee entitlements and superannuation

Brenton Larcombe is suing his former boss Ray Mackereth for unpaid employee entitlements and superannuation

Despite Mr Mackereth acknowledging that Mr Larcombe has never been paid any of his long service leave and payment in lieu of notice and only some annual leave and superannuation earned from over 10 years of service at Klub Kruise, he is refusing to pay this, forcing Mr Larcombe into a lengthy court battle that won’t be heard until 17 August 2015.

Mr Larcombe declined to comment other than to say “I am looking forward to my day in court and I will not comment on the process and will leave the judgement to speak for itself.”

For the record, Raymackereth.com stands by the reporting of Ray Mackereth’s unique sense of community as being entirely accurate. Despite running for over a year and seeking submissions from anyone to tell of Mr Mackereth’s good work, no one has come forward. Mr Mackereth has never approached us to complain about any story’s accuracy. He is welcome to a right of reply should he wish. Email us. Maybe?

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

Ray Mackereth an Unreasonable Manager: WorkCover

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

Ray Mackereth fails to file amended Response

Ray Mackereth has failed to respond to the further and better particulars he asked for from Brenton Larcombe in the Federak Circuit Court, on why he was an accessory to contraventions of the Fair Work Act for unpaid wages and entitlements

Ray Mackereth has failed to respond to the further and better particulars he asked for from Brenton Larcombe in the Federal Circuit Court, on why he was an accessory to contraventions of the Fair Work Act for unpaid wages and entitlements

Ray Mackereth was granted leave to file an amended response in the Federal Circuit Court today by 4pm, which according to the Court was not done where he is defending a claim for nearly $40,000 for unpaid employee entitlements and superannuation by a former employee.

This appears to leave unchallenged the former manager of his gay sex club Brenton Larcombe’s troubling claims, filed as further an better particulars on the request of Mr Mackereth about why he is an accessory to contraventions of the Fair Work Act.

Mr Larcombe’s further and better particulars are underlined here: Amended Larcombe FWC_Form_4_FCC_0313V1

These include serious allegations about Mr Mackereth’s role as the sole director of Klub Kruise, including that he acted to benefit himself ahead of his company in breach of the Corporations Act 2001 and leaving creditors out of pocket $189,000.

More to come.

 

RELATED

 

Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

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

 

 

Ray Mackereth was Santa during better times

A tip off has revealed that a Q News Christmas cover issue from 2006 featuring self-proclaimed community benefactor Ray Mackereth as the cover boy was missing from the publication’s website, when nearly all other issues are online.

The cover depicts Mr Mackereth as Santa, the big man in a red suit that only comes once a year, with a sled and bag of goodies overflowing for the good. This imagery is consistent with how he markets himself, as a generous benefactor to those in need.

It is the Christmas edition of 2006, issue 158, the same year it is alleged that Q News fell behind for the first time with employee entitlements, specifically compulsory superannuation. So while Ray Mackereth’s Q News may have missed this one-time-only event when Mr Mackereth graced the cover, here it is. Merry Christmas.

Ray Mackereth is Santa Claus

Ray Mackereth was depicted as Santa in his Q News issue 158 in 2006, that is nowhere to be found on the Q News website

Coming up: Thursday 14 August 2014 is the big day where Mr Mackereth tells the court why he should not face penalties or be held personally liable for Klub Kruise failing to accrue or pay annual leave, long service leave, notice and compulsory superannuation to Brenton Larcombe. 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

 

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