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DAVID Jones has been hit with a $35 million lawsuit from former publicity co-ordinator Kristy Fraser-Kirk, whose sexual harassment claims led to the shock resignation of boss Mark McInnes.
In a statement of claim filed in the Federal Court in Sydney this morning, Ms Fraser-Kirk alleges the DJs chief executive made unwelcome sexual advances.
She claims that during a lunch to celebrate a contract renewal between the retail giant and racing identity Gai Waterhouse, Mr McInnes urged Ms Fraser-Kirk to try a dessert by saying it was “like a f*** in the mouth”.
She also claims he put his hand under her clothes and touched her bra strap.
She claims he repeatedly asked her to accompany him to Bondi, where he lived, with “the clear implication that such a visit would be for the purpose of sexual intercourse”.
Ms Fraser-Kirk said she made it clear that his attention and conduct were unwelcome, attempting to use distracting banter to deflect the allegedly sexually suggestive conversation. She also pulled away when he grabbed her, she added.
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Her statement of claim reveals Mr McInnes allegedly made no effort to conceal his conduct from other employees - two of whom have allegedly confirmed they witnessed the conduct.
Ms Fraser-Kirk lists three other examples of sexual misconduct by Mr McInnes allegedly involving other employees.
She is suing Mr McInnes for $2 million punitive damages and the David Jones board for $35 million punitive damages. If she wins, it would be the first time punitive damages would be awarded for sexual harassment and misconduct in the workplace.
Ms Fraser-Kirk would donate any punitive damages to a charity.
She claims she suffered offence, humiliation, distress and anxiety and damage to her personal and professional reputation.
David Jones said that both the retail giant and its company directors would be defending the claims "vigorously.''
"On June 18 the company announced the mutual termination of Mr McInnes,'' the company said in a statement to the stock exchange.
"In view of the court matter it is inappropriate for the company to make any further comment on this matter,'' said the statement.
A spokesperson for Mr McInnes, who is believed to be still overseas, said a brief: "No comment.''
He was last seen in Phoenix, Arizona reportedly undergoing rehab.
Ms Fraser-Kirk says in her statement of claim that any punitive damages will be paid to charity of her choice which helps people in the area of sexual harassment and bullying.
The damages have been based on five per cent of DJs profts generated by the store chain while Mr McInnes was CEO between 2003 and this year, and on five per cent of his personal remuneration and benefits for the same period.
Anyone think she has a cahnce
In a statement of claim filed in the Federal Court in Sydney this morning, Ms Fraser-Kirk alleges the DJs chief executive made unwelcome sexual advances.
She claims that during a lunch to celebrate a contract renewal between the retail giant and racing identity Gai Waterhouse, Mr McInnes urged Ms Fraser-Kirk to try a dessert by saying it was “like a f*** in the mouth”.
She also claims he put his hand under her clothes and touched her bra strap.
She claims he repeatedly asked her to accompany him to Bondi, where he lived, with “the clear implication that such a visit would be for the purpose of sexual intercourse”.
Ms Fraser-Kirk said she made it clear that his attention and conduct were unwelcome, attempting to use distracting banter to deflect the allegedly sexually suggestive conversation. She also pulled away when he grabbed her, she added.
Start of sidebar. Skip to end of sidebar.
End of sidebar. Return to start of sidebar.
Her statement of claim reveals Mr McInnes allegedly made no effort to conceal his conduct from other employees - two of whom have allegedly confirmed they witnessed the conduct.
Ms Fraser-Kirk lists three other examples of sexual misconduct by Mr McInnes allegedly involving other employees.
She is suing Mr McInnes for $2 million punitive damages and the David Jones board for $35 million punitive damages. If she wins, it would be the first time punitive damages would be awarded for sexual harassment and misconduct in the workplace.
Ms Fraser-Kirk would donate any punitive damages to a charity.
She claims she suffered offence, humiliation, distress and anxiety and damage to her personal and professional reputation.
David Jones said that both the retail giant and its company directors would be defending the claims "vigorously.''
"On June 18 the company announced the mutual termination of Mr McInnes,'' the company said in a statement to the stock exchange.
"In view of the court matter it is inappropriate for the company to make any further comment on this matter,'' said the statement.
A spokesperson for Mr McInnes, who is believed to be still overseas, said a brief: "No comment.''
He was last seen in Phoenix, Arizona reportedly undergoing rehab.
Ms Fraser-Kirk says in her statement of claim that any punitive damages will be paid to charity of her choice which helps people in the area of sexual harassment and bullying.
The damages have been based on five per cent of DJs profts generated by the store chain while Mr McInnes was CEO between 2003 and this year, and on five per cent of his personal remuneration and benefits for the same period.
Anyone think she has a cahnce
