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

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.

 

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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.

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.

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Ray Mackereth in Federal Circuit Court for Unpaid Employee Entitlements

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