The sexual harassment claim launched against David Jones by former publicist Kristy Fraser-Kirk has started in spectacular style in the Federal Court in Sydney this morning, with revelations eight more women have come forward with allegations against the man at the centre of the case, former David Jones chief Mark McInnes.
Fraser-Kirk’s lawyer, Rachel Francois told the court that six other women who worked at David Jones will make sexual harassment claims against McInnes.
Two more women from another company where McInnes was employed will also make claims, Francois said.
That brings the number of women who have or could make claims against him to 13, including Fraser-Kirk and four other women whose claims were mentioned in Fraser-Kirk’s original statement of claim.
Fraser-Kirk is suing David Jones, McInnes and the company’s board over allegations of sexual harassment.
Fraser-Kirk is seeking compensation for breach of contract, loss and damages and is also suing for punitive damages, alleging that the company engaged in misleading and deceptive conduct under the Trade Practices Act by claiming that McInnes alleged harassment of Fraser-Kirk was an isolated incident.
While Fraser-Kirk was only employed by David Jones between mid-2008 and June 2010, she is seeking punitive damages of 5% of David Jones’ profits for the seven years McInnes was chief executive (estimated at $35 million) plus 5% of McInnes’ salary during that period (estimated at about $2 million). She has said she will give any punitive damages received to charity.
David Jones says it will defend the claims.
McInnes, who resigned from David Jones on June 18 after admitting behaving “in a manner unbecoming of a chief executive to a female staff member” at two recent company functions, has denied Fraser-Kirk’s claims.
At this morning’s directions hearing, his lawyer Tony Meagher says he wants the case dealt with quickly.
Another surprise from Fraser-Kirk’s legal team was that she wants the case to be heard by a jury, and Fraser-Kirk also wants to give evidence orally, rather than by affidavit.
The court also heard that she has lodged a complaint with the Human Rights and Equal Opportunity Commission, as is common practise in sexual harassment claims.
The matter will return to the Federal Court later today to decide on a timetable for further court dates. Justice Geoffrey Flick has said he wants the next hearing to take place in November or December.
James was the editor and publisher of SmartCompany and LeadingCompany for five years. He is now the Australian Financial Review‘s companies & markets editor, and a former BRW editor.
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