Tuesday, 3 August 2010

David Jones faces $37m Kristy Fraser-Kirk sex harassment case


KRISTY Fraser-Kirk yesterday put herself up as a champion for women as she lodged a record $37 million sexual misconduct claim against David Jones and its former chief, Mark McInnes.


"I'm a young woman standing here simply because I said it was not OK," she said.

She broke down as she spoke for the first time since Mr McInnes quit over her claims.

"I just wanted to be treated with respect," she said.

She said she would this week set up a sexual harassment hotline for other employees of the retail giant.

Ms Fraser-Kirk is claiming punitive damages of about $37 million, being 5 per cent of Mr McInnes' salary and 5 per cent of the retailer's profits during the time Mr McInnes worked there.

If she wins, she plans to donate the money to a charity helping victims of sexual harassment and bullying.

Ms Fraser-Kirk said Mr McInnes made unwelcome sexual comments and advances towards her on May 23 this year at a lunch celebrating the renewal of a contract between top racehorse trainer Gai Waterhouse and David Jones.

She said he touched her bra strap and repeatedly asked her to accompany him to Bondi, where he lived, "with the clear implication" it would be for sex.

In her statement of claim lodged yesterday in the Federal Court in Sydney, she alleges it was known to the nine high-profile members of the David Jones board that Mr McInnes was a workplace bully and a serial sexual harasser, and they breached their duty of care to protect her from him.

David Jones said both the company and its directors would be defending the claims "vigorously".

A spokesperson for Mr McInnes, believed to be in California with his pregnant girlfriend, Lisa Kelly, said: "No comment."

If Ms Fraser-Kirk wins, it would be the first time an Australian court has awarded punitive damages to punish an employer in a sexual harassment case.

In her statement of claim she lists alleged complaints by four other female employees.

WCV"S: Im hoping that this brave young lady can win her case. 
These types of claims are not usually taken seriously by worksafe or employers so lets all hope she has a chance to show DJ that no matter how much money you have you are still entitled to JUSTICE.
Sexual discrimination is a breach of the law no matter how you see it and I for one believe that these persons should be jailed not just fined.

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