Brenton Larcombe has commenced a private prosecution against Ray Mackereth and if found guilty, he risks a conviction being recorded and a fine of up to $20,000 issued by the Industrial Magistrate, for unpaid long service leave of $13,000, court documents show.
The action is in addition to a civil action taken by Mr Larcombe in the Fair Work Division of the Federal Circuit Court, where Mr Mackereth faces further claims from unpaid annual leave, notice and superannuation of $28,000, bringing the total claim to $41,000 and exposing the failed sex boss to penalties of more than $50,000.
Despite the gay sex on premises venue Klub Kruise closing owing $190,000 to its employees, suppliers and the ATO, Mr Mackereth remains a director of gay and lesbian publisher Q News and the Gay and Lesbian Tourism Association (GALTA).
On 16 October RayMackereth.com reported that Mr Mackereth claimed that a pre-trial hearing left him to claim “it could not have been a clearer victory” and that it would be “an unlikely event” that the case would continue.
That “unlikely event” has now happened, where Larcombe filed a further amended claim (read it here: Larcombe Further Amended Claim) with the Federal Circuit Court and doubled down with an extra claim with the state-based Queensland Industrial Magistrate.
Sources close to the Larcombe camp have told Raymackereth.com that he has had some help from a leading labour law firm that acts for some of the country’s biggest unions.
This resulted in an expanded claim and forcing Mr Mackereth to now defend two actions, one state and the other federally, including the long service claim being dealt with as a criminal matter, as an offence under the Industrial Relations Act.
Mr Mackereth does not deny that the money has never been paid to Mr Larcombe, nor has he apologised to Mr Larcombe.
Despite admitting being “solely responsible for the corporate behaviour” of Klub Kruise, Mr Mackereth argues that he should not be personally liable for the actions of his company that employed Mr Larcombe, that he was the sole director and 80 per cent shareholder of.
Learn more about GALTA here.