“Outrageous” Ray Mackereth threatened with contempt and fined

Ray Mackereth charges photographer after court loss

Mr Mackereth charges photographer outside the Federal Circuit Court after a savage judgement about his “outrageous” behaviour.

****UPDATED****

HERE IS THE DELICIOUS JUDGEMENT IN ALL ITS GLORY.

Larcombe v Mackereth [2015] FCCA 2646 (1)

 

In a savage judgement from the bench, Federal Circuit Court Judge Michael Jarrett admonished the failed sex-boss Ray Mackereth, who copped it more than the trashiest tweaked out random at his former sex-den.

In two blows on the one day, (a fair result for any guest at his old sex-space),  the self-proclaimed community champion Mr Mackereth was threatened with contempt over a bizarre gesturing to his mini-me Toby Longhurst while being cross-examined.

The second blow came when Judge Jarrett repeatedly referred to Mackereth’s behaviour as being “outrageous”, and finding he deliberately acted to contravene the Fair Work Act.

In rejecting his credibility on the stand, Judge Jarrett said Mr Mackereth “made up” evidence and when busted, that he had “no contrition”.

It is understood Paddington is fresh out of aloe vera after Judge Michael Jarrett's sick burn on Ray Mackereth's "outrageous" conduct

It is understood Paddington is fresh out of aloe vera after Judge Michael Jarrett’s sick burn on Ray Mackereth’s “outrageous” conduct

Judge Jarrett was scathing of Mr Mackereth’s corporate behaviour, in finding he was an accessory to serious contraventions of the Fair Work Act, ruling his conduct was “the antithesis” of fair work laws.

Judge Jarrett ordered Mr Mackereth to pay Mr Larcombe over $12,000 in compensation, and ordered over $2000 in fines be paid directly to Larcombe and not to the Commonwealth.

Then out the front of the court house, Mr Mackereth, in his second bizarre act for the day, growling in a guttural scream, he then charged into Brisbane workplace litigator Miles Heffernan from Employment Advisors, who had been working closely with Mr Larcombe during the trial process.

Mr Heffernan said “We support our clients to get results. We are patient – especially with crooks that misappropriate their staff’s entitlements to pay their bills and fund extravagance.

Wow, how does Ray Mackereth afford the lifestyle

While not paying staff, Ray Mackereth still pays to live in a 4 storey mansion with rooftop playground. While gaudy, it is all his. Source: Google Maps

“Mackereth threw both a solicitor and counsel at this problem and it was all for nothing – justice prevailed. While we can help, the real hero here is Brenton Larcombe who eyeballed the bloke who lived off his retirement and holiday funds, while his barrister Peter Kronberg made objection after objection and fought to keep evidence out that showed his client for the louse that he is.

“But Larcombe still won and Mackereth chucked a tanty out the front of the court house. The shame of it all.

“If you have worked for someone like Ray Mackereth, call the team on 1300 853 837 to help you get cost effective access to justice” Heffernan added.

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’

Larcombe is back in court in December this year for the final stage of litigation against Mackereth, where this time he is being pursued for unpaid long service leave and superannuation.

On 16 October 2014 Mr Mackereth foresaw this week’s trial in very different circumstances, and goading the self-represented Brenton Larcombe, after a set-back on procedural matters, writing “It could not have been a clearer victory” and appearing to imply that witnesses had something to fear from “being subject to cross examination”.

As it turns it was Mackereth himself who had something to fear, as his nearly four hours in the witness box, was marked by inconsistencies, including Judge Jarrett rejecting some of his evidence as “made up”.

Fair Work Claims

Getting screwed at work? Don’t take it lying down.

Judge Jarrett also rejected Mackereth’s sometimes graphic explanations of his claimed ailing health, finding he set on a course of conduct to “deliberately” deprive Mr Larcombe of his basic entitlements and scolding the fallen sex-boss, calling his behaviour “outrageous” because he “paid ever other other employee” other than Larcombe.

Brenton Larcombe is successfulled sued his former boss Ray Mackereth for unpaid employee entitlements.

Brenton Larcombe successfully sued his former boss Ray Mackereth for unpaid employee entitlements.

In a tragic defence, Mr Mackereth’s counsel Peter Krongberg tried to argue his client was the victim because Mr Larcombe registered Number 29 Pty Limited a month after he understood Mr Mackereth resolved to wind Klub Kruise up. Judge Jarrett knocked that down calling it a “red herring”.

Peter Kronberg was counsel for Ray Mackereth on a direct-access brief and it did not go well

“Dam” good barrister Peter Kronberg lost to self-represented litigant Brenton Larcombe

Kronberg and Mackereth have some history, where back in 2013, Q News published a story claiming “Peter is one of the best in his game with a dam (sic) good reputation for winning cases”.

In this case, Mr Kronberg lost against the self-represented Larcombe, which may not help the “dam” good reputation. Conversely Larcombe must be delighted that he won against “one of the best in (the) game”.

Mackereth’s October 2014 Facebook post also claimed “now I can get on with my life and focus on things that matter, like continuing to work with 120+ community groups…”, but with another trial in December 2015, that appears unlikely.

Mr Mackereth still remains living in a mansion at Paddington, while claiming to be a philanthropist. Now a judge has called him on that narrative.

Mackereth has 28 days to appeal or pay the judgement including the fines, before having default judgement entered and possible bankruptcy.

 

Related:

RAY MACKERETH’S BOOKKEEPER TELLS OF HIS CROOKED WAYS

IRONY WARNING: PUBLISHER RAY MACKERETH COMPLAINS ABOUT MEDIA COVERAGE OF HIM

Ray Mackereth serves up lashings of Christmas irony

With the presses running at a fever pitch this fortnight at Q News pumping out their almost tome-like latest issue of 32 pages, publisher Ray Mackereth could almost be forgiven for not realising the immense irony of an article as it went to print.

Almost.

Demonstrating a remarkable lack of consideration of how it may be received by many of its readers, Mackereth published a review of the movie Horrible Bosses 2.

The movie which is currently screening in cinemas follows the comedic misadventures of a group of friends who have suffered various stresses and personal setbacks due to outrageous and unacceptable workplace behavior from their employers.

It was not all that long ago that Mackereth himself accepted to WorkCover Queensland that his management style caused to break his staff member’s spirit which including heavy handed management.

The colourful Brisbane publishing identity has also appointed counsel to defend a criminal case against him which is currently before the Industrial Magistrate for unpaid wages which is being heard on 30 January 2015. Mr Mackereth faces unpaid wages claims of over $40,000 and fines in excess of $60,000 between this case and one under the Fair Work laws federally.

Sources close to Brenton Larcombe, who has commenced the criminal case tell us that his sense of irony is as sharp as ever, and that this unfortunate coincidence has given him a reason for a giggle in what has otherwise been a stressful period.

 

horriblebosses2

 

Miles Heffernan from workplace litigation firm Employment Advisors who is acting for Mr Larcombe in the criminal offences matter brought under special laws in the Queensland Industrial Relations Act, said that the irony was “delicious” adding “just as well it is Christmas as this gift is so exquisitely timed.

Photo credit: Q News Online

Related

RAY MACKERETH NOW FACES CRIMINAL OFFENCE FOR NON-PAYMENT OF WAGES

RAY MACKERETH’S BOOKKEEPER TELLS OF HIS CROOKED WAYS

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

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

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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

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